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    amandaprice3's Avatar
    amandaprice3 Posts: 2, Reputation: 1
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    #1

    Apr 12, 2010, 01:27 PM
    Can a salaried employee be required to make up time they were docked for?
    I am a salaried employee. Last week I was out for 2 days dealing with kidney stones. I didn't have any accrued time to use because I used it all when I was in the hospitalized in January for the same thing. My check for the week was docked for the 2 days that I missed. Upon my return my boss told me that I had to do some work at home for the company to make up the time I missed. Is this legal?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 12, 2010, 01:48 PM

    If you are going to "make up the work at home" then theyare going to pay you the two days back ?
    amandaprice3's Avatar
    amandaprice3 Posts: 2, Reputation: 1
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    #3

    Apr 12, 2010, 08:26 PM
    I have to do "the work at home" but with NO PAY
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Apr 13, 2010, 06:05 AM

    Hello a:

    They didn't pay you for work that you didn't do. Given that you're a salaried employee, I'd say that wasn't proper.

    Demanding that you then DO the work you didn't do, and NOT be paid for it, is definitely NOT proper. The question I have for you, is what do you want to DO about it. You can refuse for the reasons I'm going to give you, but they'll fire you, and you won't have any recourse. IF, however, you can get other work, I'd fight 'em. I hate to be ripped off.

    Let me know what you want to do.

    excon
    Emland's Avatar
    Emland Posts: 2,468, Reputation: 496
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    #5

    Apr 13, 2010, 06:39 AM

    It doesn't make sense that they dock you and then also want you to work off the clock.

    This number, 1-866-487-9243, is the general information number for the US Department of Labor/Wage and Hour. I would run your situation past them and see if they have some resources. You can also contact them at www.dol.gov/contact/index.htm

    Good Luck!
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Apr 13, 2010, 10:02 AM
    Quote Originally Posted by Emland View Post
    It doesn't make sense that they dock you and then also want you to work off the clock.

    This number, 1-866-487-9243, is the general information number for the US Department of Labor/Wage and Hour. I would run your situation past them and see if they have some resources. You can also contact them at www.dol.gov/contact/index.htm

    Good Luck!
    What part of salary don't I understand? OP is paid on a periodic basis (weekly, monthly, yearly, whatever) to do certain work. How many hours it takes to do it is beside the point.
    Emland's Avatar
    Emland Posts: 2,468, Reputation: 496
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    #7

    Apr 13, 2010, 11:57 AM

    My husband works for salary, but it is in his contract that he will work 40 hours on average per week. If he works less and does not have comp time or vacation time then he will be docked. (Never happens in his case, but has for fellow co-workers.)

    Same with my sister who is a teacher for the school system. Although she works tons of hours at home grading/planning, if she misses a day and has no vacation she gets docked and she is considered to be a salaried position.
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