Is my employer allowed to deduct hourly wages for time off even though I’m a salaried/exempt employee?

I am a salaried employee and am new to my current job, I recently had to take 2

hours off for a dental appointment and these 2 hours were taken out of my paycheck I’m not eligible for PTO yet. I was told I’m not allowed to work through my lunches to make up the time and have never been paid overtime for working extras hours. I thought as an exempt employee employers were not allowed to deduct hourly

increments because that would be voiding the salaried status and essentially make

them an hourly.

Asked on November 16, 2018 under Employment Labor Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You are correct: if someone is an exempt salaried employee, then so long as they work some hours on a day, they cannot have their pay debit for missing a few hours. (IF a salaried employee misses a whole day, he or she does not have to be paid that days' share of the weekly salary, unless he or she uses PTO to cover not working--but that is only for missing a whole day). If a salaried employee's hours are tracked and he/she loses pay for missing a few hours, that makes him or her an hourly employee, which in turn also makes him or her nonexempt (i.e. eligible for overtime). 

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