Expert: Shirley McAllister, CPP, PHR - 3/12/2009

Question
I am a pharmacist who is salaried at 80 hours every two weeks.  The company I am
working for is struggling through difficult times and the new district manager
has decided if we go a few hours under the 80 hours he is going to cut our pay
as if we are hourly pharmacists.  Is this legal and can he get away with it?  I
remember a few years back, but cannot remember the other company, that lost a
battle in court because they tried to do this same thing to their pharmacists.  

Answer
If you are salaried exempt and you work part a of a day you must be paid for the entire day. If you are off one whole day for personal reasons you do not have to be paid. If  the business closes for a day and you are off than you still have to be paid as it is not your fault.  Exempt employees are paid their salary unless they are off a whole week on lay off then they do not have to be paid. If they work any time in that week they must be paid their salary.

He cannot dock for hours missed, if he does the exemption will be lost and you will become and hourly employee and you will be eligible for overtime.

Shirley