Can they dock me for working less than 8 hours if I am exempt?

[Ailu]

What is the name of your state? California but Federal law applies.

1) I am considered an exempt employee but I work at a Casino so fall under federal law. I came down with the flu so left 2 hours early from work. They are now wanting to dock me for the 2 hours. Is this legal? Also, the job was originally presented to me (verbally) that I would not be docked for taking care of personal issues that might come up during a day. I've searched Google but came up with conflicting answers...

2) Also, while I am sick with the flu they are requiring me to answer my phone and work from home even though they refuse to pay me. Can they legally do this as well?

 

[quincy]

You say federal law applies but just to be sure, you are not working for an Indian casino?

 

[Ailu]

You say federal law applies but just to be sure, you are not working for an Indian casino?

It is an Indian Casino.

 

[PayrollHRGuy]

Indian tribes have sovereign immunity unless they have waived it and chosen to be bound by the Fair Labor Standards act. There are also tribes that have created their own labor laws.

The fact that they go to the bother of calling you exempt that may well be the case.

FTW... If this were a normal employer they could not dock an OT-Exempt worker, such as yourself, in that situation.

 

[quincy]

I have not researched California but some states (including my state of Michigan) have negotiated contracts with the Native American tribes making the tribes subject to Michigan/US employment laws.

 

[Ailu]

They have subjugated themselves to federal law, I do know that much. So are you saying as an Exempt worker they cannot do this, according to federal law? Also - sorry but what is an "OT-Exempt worker"? Thanks!

 

[cbg]

For the purpose of this answer I am assuming that the FLSA applies and that you meet the definition of an overtime-exempt employee.

Your pay, as in the dollars in your paycheck, cannot be docked for partial day absences due to illness unless FMLA applies. However, your sick time, personal time, or other paid leave can be docked with or without your permission. As long as you receive the right number of dollars, the Feds do not care what happens to your leave balances. A state could care theoretically, but in practice no state cares except California, and California does not care very much. They would not care in this situation.

 

[PayrollHRGuy]

They have subjugated themselves to federal law, I do know that much. So are you saying as an Exempt worker they cannot do this, according to federal law? Also - sorry but what is an "OT-Exempt worker"? Thanks!

If they have waived their immunity from the FLSA then no they can't dock you assuming you are, in fact, an OT- Exempt employee.

OT-Exempt means you are exempt from the overtime requirements of the FLSA. It is where "exempt" comes from when you are talking about employees.