The short answer to both questions is yes, they can, but to do so can be very dangerous. If an employer starts paying a salaried employee more when they work more then that employee may have just been treated as an hourly employee. When an employee’s wages vary depending upon the number of hours worked in the payroll week, the employer is treating the employee as an hourly employee (non-exempt). When an employer treats an employee as hourly (non-exempt), they become hourly (non-exempt) permanently and are then entitled to overtime at 1.5 times the average rate for the payroll week. So if an employer pays an employee more than one week because they worked extra (over 40) hours, the employee is no longer an hourly (exempt) employee and is entitled to overtime. There is no prohibition to having salaried employees clock in and out, but using those hours to pay more or less will be very costly to the employer.
Can your employer dock your pay if you are salary? The short answer is again yes, but to do so can be very dangerous. A salaried employer can only have their pay docked for very specific reasons. For example, if you are salaried and miss a whole day for something other than sickness or accident (personal reason) then that whole day can be docked. There are other reasons that an employer can dock pay but to do so improperly (or if done on an hourly deduction) can make the employee change from salary to hourly and subject the employer to overtime.
If an employer docks the pay of a salaried employee that employee should seek legal representation to see if that is legal under the Fair Labor Standards Act. As an employment lawyer in El Paso, Texas we see many employees who are improperly classified as salaried when they should be hourly as well as salaried employees who have their pay improperly docked.
What Is An Employment Lawyer, And How Can They Help With Wage Disputes?
An El Paso, TX employment lawyer is a legal professional who specializes in labor and employment law. They can assist with wage disputes by advocating for employees’ rights, ensuring fair compensation, and representing them in negotiations or legal proceedings to resolve wage-related issues.
Employment lawyers bring a wealth of expertise to wage disputes. They can thoroughly investigate your case, gather evidence, and negotiate with your employer on your behalf. If negotiation fails, they are prepared to take your case to court, fighting for your rights and ensuring you receive the compensation you are entitled to. With their legal knowledge and experience, lawyers offer invaluable support and guidance, increasing your chances of a favorable outcome in wage disputes. It is crucial that if you are dealing with employment issues, you rely on a lawyer you can trust instead of trying to fight your case on your own.
What Types Of Wage Disputes Can Employment Lawyers Handle?
Employment lawyers can address a wide range of wage disputes, including but not limited to:
- Unpaid overtime or minimum wage violations.
- Misclassification of employees as exempt from overtime pay.
- Failure to provide accurate pay stubs or timely paychecks.
- Disputes related to commissions, bonuses, or unpaid wages upon termination.
For example, our El Paso employment lawyer can review pay stubs for inaccuracies, determine if wage laws have been violated, and take legal action to rectify discrepancies, securing fair compensation.
When Should I Consider Hiring Employment Lawyers For A Wage Dispute?
If you believe your employer has violated wage and hour laws or you’re facing challenges in securing proper compensation, it’s advisable to consult an employment lawyer. They can assess your situation, determine if you have a valid claim, and guide you through the legal process.
What Should I Expect During An Initial Consultation With An Employment Lawyer?
During an initial consultation, you can expect to discuss your wage dispute in detail. The attorney will ask questions to understand your situation fully. They will provide an assessment of the strength of your case, explain your legal rights and options, and outline potential strategies for resolution.
How Much Does It Cost To Hire Employment Lawyers For A Wage Dispute?
Many employment lawyers offer an initial consultation to assess your case. Regarding fees, some attorneys work on a contingency basis, meaning they only get paid if you win your case. Others may charge hourly rates or offer flat fees for specific services. It’s essential to discuss fees during your initial consultation to understand the cost structure.
We specialize in helping individuals navigate wage disputes and employment-related legal challenges. Our team of experienced employment lawyers is dedicated to protecting your rights and ensuring you receive the compensation you deserve. If you’re facing a wage dispute or have questions about your employment situation, please reach out to us for a confidential consultation. Let us be your trusted advocates in wage disputes. Contact Davie & Valdez P.C. today to schedule your consultation with our El Paso employment lawyer and take the first step toward resolving your wage-related concerns.