If I’m a salaried employee and our business was closed for 6 days but I was paid the following week based on an hourly rate, is this legal?
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If I’m a salaried employee and our business was closed for 6 days but I was paid the following week based on an hourly rate, is this legal?
During the closure, I completed business related tasks from home. This is the
second time my employer has done this. The first incident involved leaving
early from work. The following week, my paycheck reflected an hourly rate and
8 hours were deducted from my pay.
Asked on June 23, 2018 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you are salaried, you can't be paid based on hours, BUT you may be paid based on whether you worked at all during a day.
Example, you say 8 hours were deducted from your pay:
1) If you worked all five normal work days during that week, but worked 1 - 3 hours less each day due to circumstances, you still have to be paid your full weekly salary--a salaried employee does not have his/her pay cut due to working fewer hours on days when he or she works (just as he or she is not paid extra for working more hours).
2) If you missed one day of work entirely, however, your salary may be reduced for the week by the equivalent of one day's pay (1/5th of your weekly salary)--just as you have to use a sick or vacation day when missing a whole day of work, your employer does not need to pay you for any days you missed in their entirety, even if you are salaried (not hourly).
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