How is time off calculated and deductedfor a salaried employee?

UPDATED: Dec 19, 2011

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How is time off calculated and deductedfor a salaried employee?

I am a salaried manager of a retail shipping store. I missed a day of work due to an appointment that was pre-arranged before I was hired and it was deducted from my paycheck. Since I am not paid for the 24+ hours of overtime I put in every week (as I am salaried), how can they then deduct for 1 day missed? I still put in 52 hours that week, so by what basis can they come up with an arbitraty number for what a “day’s wages” equals, when I’m salaried, and then deduct it from my paycheck? Is this legal in any way?

Asked on December 19, 2011 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, while employers may not dock or deduct from a salaried employee's wages for missing the odd few hours, they *may* deduct for missing an entire day. The amount may be calculated as follows: divide your weekly salary by the number of hours in a week you are nominally supposed to work; while you, like all salaried employees, work more time than officially contemplated, salaried work weeks are typically nominally either 40 or 35 hours--40 hours if  you are not provided a lunch hour each day, 35 hours if you are. Dividing the weekly salary by the number of hours gives you your hourly rate, which can be used to find the amount taken out.

Alternately, since a nominal workweek is 5 days, they can take out 1/5 of  your weekly salary for  missing 1 of 5 days that week.

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