You are here:
- Home
- Business
- Corporate Law
- Employment Law
- mandatory dock time for exempt employees
Employment Law/mandatory dock time for exempt employees
Advertisement
Question
QUESTION: In NC, is it legal for an employer to mandate dock time for exempt/salaried employees in order for the organization to save money?
ANSWER: I need a little more information in order to answer the question.
What is the time being docked for? Is it docked time or is it a salary cut?
Please explain what is being docked and how it is being done. If you have been given an explanation from the company that would be helpful also.
Thanks
Shirley
---------- FOLLOW-UP ----------
QUESTION: Management has been asked to take voluntary dock time in order for our organization to help with daily cash flow. If there is not significant improvement, we've been told that mandatory dock time could be forthcoming (one dock day every two week payperiod). It is not a "defined" salary cut but it would be a less amount of pay per payperiod if required to take a mandatory dock day (instead of being allowed to use accrued PTO time). This has not happened YET, but need to know if this is legal so will know how it can be addressed with administration if this is put into place.
They can lay you off for one day a week and not pay you for that day. This is legal to do. If you are not at work than you do not have to be paid.
They can not expect you to work every day and pay you one day less pay, that is not legal.
They can lower the wages in total..say a 10 or 20 percent cut in wages as long as they let the employees know ahead of time before any time is worked on the new wages.
Shirley
Related Articles
- Comp Time - Compensatory Time Is Often Called Comp Time
- Privacy Act - The Privacy Act of 1974
- Employee Furloughs - Definition of Employee Furloughs
- How HR Thinks - Use the Answer to a Superficially Simple Employee Question to View HR Decision Making
- Life and Family Challenges – Life and Family Challenges With Flexible Work Schedules
Answers by Expert:
Shirley McAllister, CPP, PHR
Expertise
I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).
Experience
25 years in Payroll and Human Resources
Organizations
SHRM (Society of Human Resources)
APA (American Payroll Association)
DOLEA (Department of Labor Employers Association)
Education/Credentials
PHR Certification in Human Resources
CPP Certification in Payroll in U.S.
Payroll Administrator and Payroll Supervisor certification in Canada
©2012 About.com, a part of The New York Times Company. All rights reserved.