Docking pay: FLSA compliance tips — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Docking pay: FLSA compliance tips

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The Fair Labor Standards Act restricts the docking of employees' pay. Many times employers' decisions on docking will push an employee from an exempt classification to a nonexempt, or push an employee whose pay has been docked into court.

Employers must know the FLSA regulations that determine who they can dock and under what circumstances; how paid leave banks factor into docking decisions; and how to handle pay docking when issues like damage to company property and inclement weather are involved.

1. When can exempts' pay be docked without jeopardizing their exempt status?

You can dock an exempt employee's salary under the following circumstances:

  • Absences for a full day or more for personal reasons, not including illness or injury.
  • Absences for a full day or more due to illness or injury, in accordance with a bona fide plan, policy, or practice of providing compensation for loss of salary due to illn...(register to read more)

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{ 4 comments… read them below or add one }

Brutal September 28, 2015 at 7:31 pm

I have worked for a small Co. off the books because it has not taken off yet. I get paid cash. I work with the Owner—He drives–When I call off–{sick}} He deducts my $30. then deducts twice that on top–because He has went alone??? Is this Legal??


Sarah Elinburg August 21, 2015 at 2:09 pm

I’m a salary, non-exempt, with contract. Because of the high heat at work, it caused my blood pressure to go up very high, I had to go to emergency room, but was released after it came down to return to work. Two days later it shot up high, I left work (with permission and was offered a ride) I went to the clinic which sent me to the ER again. The medication I was put on caused dehydration and with the heat made me dizzy. I was sent home due to safety reasons. I made an appointment with a doctor which the time was move up by my doctor to try to stop my problems. I was told by my supervisor not to worry about my attendance, they would work with me. I got a verbal warning and was docked a day pay. No one has every told me that my pay would be docked and that I would receive any actions against my in a verbal. Is this legal, that I lose a day with pay because I was sent home because of safety reasons?


sam July 22, 2015 at 10:11 pm

employer in PA wishes to charge employees who have used up their PTO 1 days wage + benefits.
IE Sam has 5 days PTO. Throughout the year she uses 3 days for R&R and the other 2 for sick days. she has the flu. and takes another 2 days to recuperate. she makes 10/ hr and monthly benefits are 300/ month , sam not only looses pay for days not covered by PTO but is then charged by her employer 160 +20 to by back time lost to the company and benefits for that day. about 50 work here 40 are hourly. the salaried are not affected by this. Any one have any idea to the legality of this?


kyle July 20, 2014 at 10:18 am

Can exempt employee’s last paycheck be docked for reimbursement for training or certifications without a signed authorization form?


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