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Old 06-01-2009, 01:02 PM
 
2 posts, read 11,355 times
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Does anyone know if you are a salaried employee and come in late but still have 40+ hrs for the week can your employer deduct your salary
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Old 06-01-2009, 01:35 PM
 
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it would all depend on your setup - normally I would say no, you put in your time within the given work week, however you could be open to disciplinary actions for not following your set schedule ....... if that disciplinary action is a monetary fine/deduction things could then get interesting

best bet is to talk to HR and then if it's serious enough consult a pro
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Old 06-03-2009, 10:03 AM
 
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I believe that as a salaried employee, you are not required to clock in and out and therefore cannot have hours deducted from your paycheck -- just as you are not entitled by any law for any overtime pay.

However, this does not prevent your employer from taking other disciplinary actions against you for not being ready for work on time.

If someone is interested in doing the research... I vaguely recall a recent court case in Arizona where a salaried employee was required to clock in and out, and was also required to work overtime (which was unpaid as exempt status). However, the company started to deduct the salaried employee's pay because of clocking in late, but still never paid any overtime. The court ruled that since the employee was required to clock in and out and also had the records, they were entitled to back overtime pay since they were being treated as an hourly employee.
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