“It’s important for every employee to have a basic understanding of the CA employment laws, says Los Angeles attorney Eric Grover.”
Los Angeles, CA / ACCESSWIRE / May 16, 2014 / Navigating the rules and regulations relating to pay docking set by the Fair Labor Standards Act (FLSA) can be confusing. Understanding what is permitted, what’s not and the exceptions surrounding these rules is why many salaried workers are unable to determine if they’ve been a victim of their employer’s illegal business practices, says Eric Grover, a California wage and hour attorney at Keller Grover LLP. Learn about California wage hour laws: http://www.cawagehourlaw.com/wage-hour-laws/what-are-wage-and-hour-laws.html
When it comes to pay-docking rules, remember that the FLSA generally does not allow deductions from exempt employees, as the laws states that a salaried employee’s pay is not dependent on the number of days or hours they work during a pay period; nor can an employer make deductions from your paycheck because of the quality or quantity of work you’ve performed or produced.
“If your employer improperly deducted your pay, but immediately rectified it, legal action is typically not the suggested route, especially if it was an isolated incident,” Eric Grover, a California attorney explained. “But if it’s an ongoing occurrence, then you should seek the security of the FLSA rules and regulations and report your employer.”
But, as with any laws or regulations, there are exceptions to the rules about when exempt employees can be docked:
If an exempt employee does not perform any paid work in any workweek, they are not required to be compensated for that pay period.
Absences totaling more than one day or more for personal reasons, not including sickness. (Deductions must be made only in full-day increments – not for partial-day absences.)
Penalties due to major safety rule infractions.
Compensation cannot be altered to offset compensation from an employee serving jury duty or receiving witness fees and military pay.
Deductions cannot be made if an employee is called for jury duty, attendance for a witness or temporary military leave.
Unpaid suspensions due to disciplinary actions of one or more full days.
Partial weeks worked during the initial or final weeks of employment.
In some circumstances, if a salaried/exempt employee is working a reduced work schedule under the Family and Medical Leave Act (FMLA), the salary can be converted into an hourly rate during their reduced FMLA schedule without affecting their exempt status.
However, there are many employers who try to bend the rules. The following are signs that your employer may be illegally docking your pay and you may be eligible to collect overtime pay:
Business Trips: Your salary cannot be docked for absences related to business trips.
Lack of Work Performed: If an exempt employee is willing and available to work, their pay cannot be docked when there’s little to no work during slow times.
“Knowing your federal and state’s rights in the workplace is your first defense to protect yourself against wage theft and less than honest employers,” says Grover, a LA wage and hour attorney.
The Los Angeles Law Firm of Keller Grover has been helping victims of wage theft recover lost wages since 2005 in San Francisco, Oakland, Los Angeles and San Jose. To learn more about whether you have been a victim of wage theft, contact Keller Grover at 888-601-6939 and ask to speak with a California wage and hour lawyer.
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