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What can we do? Employee’s other job makes her miss work here

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Q. We have a salaried employee who holds down a second job. Sometimes, she leaves early on Fridays and comes in late on Mondays because the second job overlaps with our office hours. Can we deduct anything from her pay after she has used up her vacation and leave time? Or do we have to pay her even though she leaves early and comes in late?

A. It depends on whether the employee is classified as exempt or nonexempt under the Fair Labor Standards Act. If the employee is nonexempt, an employer is well within its rights to pay the employee only for hours actually worked.

By contrast, if the employee is exempt, an employer cannot dock a portion of that employee’s pay due to absence.

Whether the employee is exempt or nonexempt, however, an employer may maintain policies and practices that prohibit employees from holding a second job that in any way conflicts with the employer’s business.

Similarly, an employer may maintain policies and practices that require employees to be present in the office during regular business hours.


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