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If you are a salaried non-exempt employee can your employer deduct partial days from your pay?

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2010-01-06 15:42:17
2010-01-06 15:42:17
AnswerA non-exempt employee is an hourly paid employee. Therefore, he is paid according to the Time he works; no more, no less. An exempt employee is a salaried employee who gets paid the same amount regardless of how much he might go over 40 hours in a week. As for if the exempt employee gets paid for taking off half a day, it depends on the wage and hour laws of the state.

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The information stated above is correct, however, it does not answer the specific question being asked. The above question is asking about a SALARIED NON-EXEMPT employee and not a SALARIED EXEMPT employee. There is a difference.

Dealing only with non-exempt employees, yes, generally a non-exempt employee is an hourly paid employee who is paid for the actual hours they work. There can also be SALARIED FOR FIXED HOURS non-exempt employees and SALARIED FOR PARTIAL HOURS non-exempt employees. These positions are paid a set amount per week, with anything over 40 hours being paid time and a half. e.g. If they work 35 hours in a week they still get the full salary amount. If they work 42 hours in a week they get the full salary amount plus two hours overtime. The Department of Labor has a lot of information on these positions.

If you are a salaried non-exempt employee, I do not believe your employer can deduct for partial days worked. If you miss work because of sickness, leave of absence or can't make it in, then a full day deduction may apply.

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