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Complying with the no-Docking rules

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Q. We are a small company with fewer than 20 employees. While I understand the issue of paying exempt employees full salary and docking from the PTO banks when they’re absent, is there someplace that I can go to get an example of a company policy to support a 40-hour-per-week effort from each employee? —E.R., Virginia

A. You are confusing the “no-docking” rules under the salary-basis provisions of the wage-and-hour law with your right to require a certain level of productivity from your exempt employees.

There’s nothing unlawful about setting a policy that says, “The company’s business hours are from 8 a.m. to 6 p.m., Monday through Friday, and it is expected that all exempt employees regularly work during those business hours.” Companies go wrong when they dock exempt employees’ pay for time missed from work in violation of the complicated salary-basis regulations. 

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