Can an employer deduct your salary pay if you miss half a day?
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Can an employer deduct your salary pay if you miss half a day?
I worked 800 a.m. – 1230 p.m. yesterday, but left for the remainder of the day
due to a personal issue. My employer threatened to dock my salary pay based on
the time missed. Is this legal?
Asked on January 19, 2017 under Employment Labor Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Legally, an employer may NOT deduct pay from a salaried employee for missing a partial day: if they do so, they endanger the status of that employee as salaried, since they are treating them as hourly (i.e. counting hours worked) and would then potentially have to pay for all hours worked, pay overtime if/when applicable, etc.
You could contact the state department of labor, to see if they could help you with this, or sue (e.g. in small claims court) for the money. Before doing that, consider though that the employer *could* legally demote you; reduce your salary; suspend you; or even terminate you for leaving for half a day. While what they did is illegal, their legal options to discipline or punish you are worse.
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