If I am a salaried employee, is it legal for my boss to take deductions from my pay if I don’t work 80 hours a pay.?

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If I am a salaried employee, is it legal for my boss to take deductions from my pay if I don’t work 80 hours a pay.?

If I am a salaried employee, is it legal for my
boss to deduct from my pay if I don’t work 80
hours a pay period in the state of Virginia? she
claimed that if I don’t work 80 hours and if I
don’t have paid time off left,they can deduct at
an hourly rate from my salary pay. Is this true?
If I don’t work 80 hours I also don’t get my
additional four hours of paid time off.

Asked on November 23, 2016 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, if you are salaried, you do NOT have deductions for missing hours--just like you don't get extra pay for working additional hours. (You can have a full day of pay deducted for missing an *entire* day, however--not 8 hours spread over a work week or pay period, but a whole workday at a time.) This is illegal--you are entitled to any money they deducted, or the return or value of any PTO off they took from you, *and* if they do this, it may have destroyed your exempt status (if you are exempt from overtime) so that you would be entitled to overtime (since to be exempt you must be paid on a salary basis, among other things--but counting the hours you work is  to be paid hourly, not salaried). You should contact the state department of labor to look into fiing a complaint; you may be entitled to compensation.
Note that if you are salaried and work fewer hours than the employer wants, there are many things the employer can do: you could be demoted, salary cut, suspended, or terminated. But they can't debit hours or pay.

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