Must You Always Pay a Salaried Employee a Full Week’s Pay?

Generally, YES. A salaried employee must be paid a full salary for any week in which the employee performs ANY work. The following is an Executive Summary.

 

7 Permitted Deductions:

  1. Absence from work for one or more days for personal reasons other than sickness or disability.
  2. Absence from work for one or more full days due to sickness or disability if deductions made under a bona fide plan.
  3. To offset any amount received as payment for jury fees, witness fees, or military pay.
  1.   Penalties imposed in good faith for violating safety rules of “major significance” such  as smoking

around explosive substances like gasoline.

  1.   Unpaid disciplinary suspension of one or more full days imposed in good faith for

violation of work place conduct rules such as work place violence.

  1.   Proportionate part of an employee’s full salary may be paid for the time actually

worked in the first and last weeks of employment.

  1.   Unpaid leave under the Family and Medial Leave Act.

 

 

Improper Deductions For:

  1. A partial-day absence. If the employee is absent for 1½ days for personal reasons he must be paid for the ½ day but does not have to be paid for the full day.
  2. Bad weather.
  3. Three days of pay because the employee was absent from work for jury duty, rather than merely offsetting any amount received as payment for the jury duty.
  4. Two days absence due to a minor illness when the employer does not provide wage replacement benefits for such absences.

 

 

Effect of Improper Deductions.

An actual practice of making improper deductions from a salary employee will result in loss of the salary exemption during the time period in which the deduction(s) were made for all of the salaried employees with the same job description.

 

APC is not offering legal advice. We recommend that that you consult with labor law attorney Grant Petersen of Ogletree Deakins P.A., 813-289-1247, or call US Wage & Hour.

Posted in April.