Docking Your Exempt Employee's Pay
Under the former regulations, the state Department of Labor had taken the position that the salary of exempt employees generally could not be reduced in any week in which they performed any work, with few exceptions. This prevented employers from docking the salary of exempt employees who took excessive amounts of sick or personal days.
While the salary threshold for classifying an employee as exempt has increased, the circumstances under which an exempt employee’s pay may be docked have been broadened, in the employer’s favor!
For example, under the old regulations, employees could generally take excessive personal time and it was difficult if not impossible to reduce their pay for the lost time. Under the revisions, an employer has more flexibility in docking an employee’s pay in this situation.
Ronald Marquis, assistant director of Wage and Workplace Standards for the Connecticut Department of Labor, and Marcia Keegan, counsel at Wiggin & Dana, will discuss the recent revisions to Connecticut’s wage and hour regulation. Marquis and Keegan will also offer tips for staying in compliance with the law.
Keegan is a leading employment relations attorney who practices in the area of labor and employment law, concentrating on advising and representing employers in all aspects of the employment relationship.
Marquis is assistant director of the Wage and Workplace Standards Division of the Connecticut Department of Labor. The Division is responsible for the enforcement of laws involving minimum wage, overtime wage, prevailing wage, deductions, record-keeping, child labor, Family Medical Leave Act, and other associated issues. He has worked with the department since 1983 when he began his career as a Wage and Hour Investigator.