If a New York worker or any other worker is considered exempt, he or she must receive a set wage each pay period. It is not allowable for an exempt employee to have his or her pay docked because of the quality or quantity of work performed. In other words, an exempt employee must be paid if he or she either works during a pay period or is willing to even if no work is available.
Pay may be docked if an exempt worker misses one or more full days because of personal reasons. Employers may also dock pay if a worker is compensated for jury duty or military service. If safety rules are violated, an employer may dock pay as a good faith penalty for a significant infraction. Pay may also be docked for the first or last week a person is employed if a full week is not completed.
If it is determined that an employer is engaging in the actual practice of improper pay docking, it may face the loss of its overtime exemption. Courts will look at the number of improper deductions as well as whether the employer gave the employee proper notice of its docking policy. Employers may receive safe harbor if they reimburse employees impacted by improper deductions and make good faith efforts to comply in the future.
Employers who are accused of improperly paying an employee may face significant consequences. Call Egan Law Firm. It may be possible to help an employer retain its overtime exemption and avoid paying other damages to employees. This may help an employer get through a case with as little damage as possible.
Is Your Business Safe From Baseless Claims? You can never be too safe, especially as a business owner. Get the support of an experienced employment law attorney today. Schedule an initial consultation with us via email or by calling 212-257-3391.
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New York, NY 10022-7513