Have you ever heard of paying back salary for not working a certain amount of hours?

Get Legal Help Today

 Secured with SHA-256 Encryption

Have you ever heard of paying back salary for not working a certain amount of hours?

I am required to work 2200 hours for a year. If I do not meet those hours, I have to pay my boss back money or work

hours without pay.

Asked on May 18, 2018 under Employment Labor Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

While hardly common, this is legal if--
1) The employee is aware of this term or condition of employment before he or she begins working that year, so that by working, he or she can be said to have agreed to these conditions of employment; people have the legal right to agree to many variant working/compensation arrangements so long as 2) and 3) below are also met.
2) The employee earns at least minimum wage, no matter what.
3) There is no illegal discrimination going on--e.g. it is not only minority, or only female, etc. employees who get this payment scheme.
HOWEVER, even if legal, this can change a salaried employee to being effectively an hourly employee and therefore eliminate what would otherwise be his or her exemption from overtime. Salaried employees are paid the same no matter how many or few hours they work--they can be terminated for not working as much or as hard as their employer likes, but their salary cannot be based on hours worked. If their time worked is tracked for pay purposes and their pay is reduced if they don't hit a certain number of hours, an argument can be made that this effectively results in them being paid as hourly (time based) employees, which could mean that in any week that they work more than 40 hours, they are owed overtime.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption