Is it legal for employers to dock pay when short 80 hours but not pay for overtime?

Question

That's the question I have. If I go over 80 hours, I don't recieve overtime. But when I do fall short of 80 hours my pay is docked for the amount of time missed. My hours are recorded on my pay stub.

Answer 1

To pay or not to pay overtime depends on your job classification whether it is exempt or non-exempt from overtime. You should ask your human resources department about your job.

If you are not getting overtime for hours worked in excess of 40, then it is assumed that your job class is non-exempt. Non-exempt employees receive a salary and is not hourly paid. If you receive no overtime then you shouldnt be docked when your work hours fall short of 80. Exempt employees are usually paid based on getting a job done and not on how long you are at that job. Sometimes you may have to work late to get your job done causing you to work more hours. You shouldnt be paid for overtime in that case. Non-exempt employees are usually jobs where they do the same thing everyday (eg: union jobs). They are not usually working overtime, but when they do they recieve overtime. Hence, if you clock out before your time your employee has the right to dock your pay.

Answer 2

If you are an exempt employee (salaried, non - hourly) you are not entitled to overtime. Did you miss a day's work or were you 15 minutes late?