Salary Deductions – Is My Employer Paying Me Fairly?
You may receive a salary at your job- meaning you get paid the same amount of money whether you work 40 hours in a week or 80 hours in a week.
In SOME circumstances, that may be okay.
HOWEVER, if your employer is taking deductions out of your salary, there are very limited circumstances in which they can get away with also not paying you overtime for hours worked over 40 in a work week.
The only categories that your employer can properly deduct your salary from are:
Personal Days (not for sickness or disability)
Jury Duty
Military Leave
Disciplinary Suspension
If your employer is deducting money from your salary for other reasons, such as “lack of work” during a slow time, your employer may be violating wage and hour rules.
Tips from Wage & Hour Expert, Scott Perlmuter
Transcript: Hey everybody, Attorney Scott Perlmuter here today to talk to you about salary deductions. What is my employer doing? It it proper, improper, how they’re going about this? So, you may receive a salary at your job, meaning you get paid the same amount, whether you work 40 or 80 hours in a week. In some circumstances, that may be okay. However, if your employer is taking deductions out of your salary, there are very limited circumstances where they’re allowed to do that and not pay you overtime for hours worked over 40 a week. So, for instance, the only categories, really, of deductions that they can take properly from your salary would be personal days, they’re not for sickness or disability, if you have been compensated for jury duty or for military leave, or if you have a disciplinary suspension for violating a company safety rule or something of that sort. So, if you are paid a salary but you get deducted from your pay for other reasons, let’s say that there’s just not enough work to do or something along those lines, then your employer may be violating wage and hour rules, meaning that you may be entitled to overtime for time worked over 40 hours in a week. If your employer is deducting any pay from your salary and you have any questions, the best thing you can do is visit one of our websites, Overtime Lawyers Ohio has a bunch of information dedicated just to wage and hour issues, and also, on our main website, tittlelawfirm.com, we’ve got plenty of information there as well about various wage and hour issues. Or, you can give me a call at (216)-308-1522, I’m happy to talk to you anytime. Thank you very much!