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Employment Law/salary employment


Hi I have been salary employee since I started this job in November 2012. I was told from the get go that I was paid matter if I missed work for illness I was still to be paid my monthly salary.  this was the case the first year but now after my year was up they told me I had 5 days sick and 5 days vacation. Now I am being told that since I have used all my 5 days sick that I will be docked for the time I missed on may 10th. I was also told that my schedule was 7-5 which was 45 hrs a week I did this for 4 months and then they said no you just need to be 7-4. I guess I feel like I am being treated like a hourly employee they also did not let me leave early on Friday due to I had no more vacation or sick pay to use for it.. can this be done really what are the rules for salary employees and what if anything can I do about this if there going to do this then I feel they need to make me hourly.

Okay I will try and answer all your questions. Because exempt employees are exempt from overtime there are some rules in order for them to be legally exempt.

first of all the employee must be paid unless there is a  vacation policy. You do have a policy. Because of this policy of 5 days, if you use all the days you can be docked for the time off if you are off sick or be asked to make up the time off.

They cannot dock you for leaving early this is not legal. If they treat you as an hourly employee than the exemption will be lost and you will be an hourly employee and they need to pay you overtime for all the hours worked over 40 hours.

What you can do is try talking to them and let them know that you know exempt salaried employees cannot be docked for hours off, only for days off per the fair labor standards act.

You can call the Department of Labor and get them involved. If they determine that your job is misclassified and should be hourly they will force the company to pay you as hourly and you will need to be paid overtime for all the hours worked over 40 in a week.

You can read about the rights of exempt employees here:


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Shirley McAllister, CPP, PHR


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).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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