Can my salary be deducted even if I worked 60 hours a week and took a day off?

UPDATED: Oct 1, 2022

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Can my salary be deducted even if I worked 60 hours a week and took a day off?

I am a salary employee that makes $65,000 annually as a project manager for a large construction company. My employer and I had a verbal agreement that should I work extra time on weekends I could take a day off here and there to rest and spend time with my daughter. I worked 3 consecutive Saturdays and requested a Wednesday off. That week I took Wednesday off but I worked Saturday making a 5 day work week and amassed 61.25 hours on the clock. My employer informed me over text that if I did not use my 1 paid personal day allocated to me each year, I would have the pay from that week reduced by 1/5 my standard weekly salary. Is this legal?

New Link Destination
further muddy the water, the entire day I was off, I was still replying to

e-mails and text messages from other project managers with the company as well

as forwarding information from our trade partners, effectively I was working on

my day off, just remotely.

Asked on May 2, 2018 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, it is legal--not fair, but legal. 
Generally, for salaried workers, it does not matter how many or how few hours you work: you make the same pay for 25 hours as you do for 75.
But there is an exception: if a salaried worker misses an entire day (doesn't work at all) during his or her normal work week, the employer may reduce his or her weekly salary by the appropriate pro rata amount ( fifth, given the traditional 5-day work week). That is the only time that salaried workers can have their pay reduced, other than with consent (e.g. if they agree to a deduction to repay a loan from the company). Therefore, if you did take a full day off from your usual work week, the employer could legally deduct a days's worth of salary, unless you use some paid time off (PTO) to compensate.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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