Miami, FL asked in Employment Law for Florida

Q: Can my salary-based pay be deducted if the clinic closes early 1-2 days and I am in my 90-day trial period?

I am a physical therapist assistant working salary-based in a clinic. I am currently in my 90-day trial period. They gave me an amount they’d pay me biweekly. There were some deductions in my pay this week due to holidays not being covered in the 90-day period. There were 2 days that we left early (1-2 hours) due to no patients being scheduled for 5pm. They deducted the hours I left early as well( even though I had no control over the scheduling and the office manager told me I could go home). My question is, if I am Salary-based (even within the 90-day period) can they deduct my pay if I leave early due to insufficient work to be done or the facility closing early? They don’t pay me when I stay over hours with patients that come in late, but they deduct when I leave early when there are no patients to treat. Is this legal?

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Not being paid overtime for all time worked overtime is not the same as being paid for time not worked. Unless you have a written contract the employer can do anything they want to do.

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