Are you docked pay even though you are a salaried employee?  You could be entitled to overtime pay!

Employees who are exempt under the FLSA are not entitled to overtime.  In order to qualify as an exempt employee, the employer must pay you your guaranteed salary every week and cannot deduct your pay except in limited circumstances.

If your employer deducts hours or partial days from your pay check than the employer is also required to pay you overtime for any hours worked over forty in a given week.  Employers may deduct partial days or hours from your PTO bank.  However, if you run out of PTO the employer cannot deduct partial days from your pay check.  If they do than you are entitled to 1.5x your rate for every hour you work over forty in a week.  Employers CANNOT compensate you with “time off” for overtime work if you are not an exempt employee.

If you are a salaried employee and feel that your employer is unfairly deducting your pay and not crediting you with overtime pay, contact us to discuss.

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