An employee is paid a salary and most of the time he works way more than 40 hours per week but is never paid overtime. Every now and then, although not often, he finishes everything up early on a Friday in less than 8 hours work that day but the employer docks him an hour's pay. Is this legal? Can an employer not pay overtime and cite the employee's salary but then deduct pay when the employee finishes all his work in less than 8 hours? The answer comes from @Work Advice at washingtonpost.com: "No way."
An employer is not required to pay overtime to an employee that is paid on (1) a salary basis; and, (2) meets or falls within one of the job classifications that are exempt from overtime. Being paid on a salary basis means at least that the employee is paid the same amount regardless of the volume of work available. And keep in mind that the salaried employee must still fall within one of the exempt from overtime job classifications. Very often employees are misclassified as exempt when they are not.
Lexington, Kentucky overtime lawyer Robert Abell helps individuals and employees recover the overtime and wages they've earned but not been paid; contact him at 859-254-7076.
