Can my pay be docked if I don't work 40 hours a week? 02-11-2009

I am a salaried employee who has written contract from my company stating that my base salary is $50K per year. I understand I don't receive overtime as a salaried employee, but is it legal for the company to not pay me my base salary if I had to leave a couple hours early one day during the week, therefore not working a full 40 hours, even though all my work for the week was completed? The company said there is no law indicating they have to pay me that base salary if I don't work 40 hours or more. This just doesn't seem right to me. Please help. Thanks.

Ann Kiernan replies:

It doesn't seem right to me, either. Under federal law, an exempt employee must receive the full salary for any week in which the employee performs any work, regardless of the number of days or hours worked. Deductions can be made only for certain reasons spelled out in Department of Labor regulations:

1. absence for one or more full days for personal reasons, other than sickness or disability;
2. absence of one or more full days for sickness or disability (including work-related accidents) if there is a sick pay policy providing compensation;
3. penalty imposed for infractions of safety rules of major significance, such as rules prohibiting smoking in explosive plants, oil refineries and coal mines;
4. unpaid disciplinary suspensions of one or more full days imposed for infractions of written workplace conduct rules, including policies prohibiting harassment and workplace violence;
5. when an exempt employee takes unpaid leave under the Family and Medical Leave Act, an employer may pay only for time actually worked; and
6. while an employer cannot make deductions for absences of an exempt employee occasioned by jury duty, attendance as a witness or temporary military leave, the employer can offset any amounts received by an employee as jury fees, witness fees or military pay for a particular week against the salary due for that particular week.

Unless your situation falls into one of these exemptions, you should go to your payroll department and complain about not receiving your proper salary. If they don't correct the situation, you may want to consult a local attorney or contact your state's Wage and Hour office.

Good luck!

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.