Q: Is it legal to deduct from a salaried workers pay if they take days off after PTO is used, even if they work 40+ hrs?
I have a very small base salary, and 3/4+ of my pay is generated via commission. When I started I was told I don't get PTO. I just have to generate enough sales to cover my time off if I want a good paycheck. Then at some point they implemented 40hrs of PTO. We are required to work EVERY Saturday, and many holidays/observed holiday's. So if I ever want to spend time with my family, I have to take the day off. But once the PTO is gone, they will deduct from my wages. Regardless of how many days I stay several hours late, or come in several hours early. There was a period of time where I worked 12hr days 5 days a week. With no extra compensation, yet they believe it's OK to take from my paycheck for taking a day off now that my PTO is gone. And it's gone because they don't allow us to have normal time off with our family. So, is it legal for them to continue to deduct from my salaried pay?
A: Difficult situation. Usually if you work even an hour a day, the employer cannot deduct, but many wage laws allow a deduction from a salaried worker's pay if they miss an entire day. It does not seem right if you are also working 40+ hours a week. That is full time. This case arises under WAGE AND HOUR/EMPLOYMENT law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.
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