Can my employer dock my pay or change my wages with out notifying me?

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Can my employer dock my pay or change my wages with out notifying me?

I usually make over $900 each pay check directly deposited into my account. Yesterday only $138 was deposited. When I called my boss they said they were discussing docking my pay due to my not working 45 hour work weeks. This was news to me considering I am on salary and have never heard talk of any of this prior to when I called and notified them of the mistake.

Asked on October 2, 2010 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) If you are an hourly employee, of course, you would only be paid for the hours worked. Even then, though, the amount you are not paid has to be directly proportionate to the hours you didn't work--you can't be penalized extra.

2) However, being paid on a salary basis means that your pay is not dependent on the number of hours worked. It is improper to reduce a salaried employee's pay for not working hours, and is a violation of the terms under which you work. You could potentially bring a legal action for the money.

3) Bear in mind that if you have been not working as many hours as you should, your employer does have a number of valid disciplinary options open to them: e.g. termination, suspension, reduction in pay or hours (going forward; they can't affect what you've already earned).


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