Deductions from salaried pay

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Deductions from salaried pay

My coworker recently told me that if she has to take more than a 30 minute lunch away from the office, the time is deducted from her paycheck. She is a salaried manager and we do not have any written policy on file regarding this. All written policies regarding break times refer only to hourly or contract employees. Is this legal? They have also withheld giving her a raise unless she signs a contract agreeing to work for them for a certain period of time, which she had done originally but this expired approximately 2 years ago.

Asked on May 11, 2017 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) It is illegal to dock the pay of a salaried employee for any breaks (including lunch) during the day. If a salaried employee misses an *entire* day, her salary for the week is reduced, but as long as she works during a day, her salary for the day is the same even if she comes in late, leaves early, takes lunch, etc. Salary is unaffected by specific hours worked.
2) It is legal to condition a raise on a contractual agreement to work for a certain period of time, since it is completely at employer discretion whether to give a raise at all. Since the employer can freely decide whetherk and when to give a raise, the employer may put conditions on receiving it.


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