1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Does this law apply to probation periods?

Discussion in 'Employment Contracts & Work Policies' started by Professional989, Jan 4, 2020.

  1. Professional989

    Professional989 Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Maryland
    I recently started a new job as a full time exempt employee. My company has a 30 day policy for being eligible for benefits including holiday pay.

    They were trying to deduct pay from me for Christmas, even though they are closed and I cannot go into work. I questioned this and they instead forced me to go negative on PTO. Is this illegal to do this for exempt employees?

    After all of this went down I started to look into federal law a little more and found a section on salary and exempt employees. It essentially says you cannot deduct pay from an exempt employee as long as they had worked some time in that pay period if the day off is due to something on the companies side.

    Am I in the wrong while pushing back on this? The HR manager actually said it would be illegal to pay me for a holiday I did not earn (probation period) while the internet is saying something else.
     
  2. flyingron

    flyingron Active Member

    Messages:
    590
    Likes Received:
    245
    Trophy Points:
    43

    They can't dock your pay if you are indeed exempt. They can charge it against future PTO.
     
    hrforme likes this.
  3. Professional989

    Professional989 Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Okay, so what they were initially going to do (dock my pay) is actually illegal. Through my complaint it actually allowed them to be in compliance. I don’t think they know this and now I have a moral dilemma to make them aware or to just let it be...
     
  4. army judge

    army judge Super Moderator

    Messages:
    32,008
    Likes Received:
    4,765
    Trophy Points:
    113


    You must now choose wisely.
     
  5. cbg

    cbg Super Moderator

    Messages:
    8,230
    Likes Received:
    1,383
    Trophy Points:
    113

    So as I understand it, you did get paid but it was charged to your PTO, putting you in a negative balance? Is that correct?
     
  6. Professional989

    Professional989 Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    That is correct, but I had to fight for that. They were just going to dock my pay.
     
  7. mightymoose

    mightymoose Moderator

    Messages:
    11,030
    Likes Received:
    1,826
    Trophy Points:
    113

    It seems they have resolved your issue. If you like your new job you might consider focusing on the job.
     
    hrforme likes this.
  8. mightymoose

    mightymoose Moderator

    Messages:
    11,030
    Likes Received:
    1,826
    Trophy Points:
    113

    It seems they have resolved your issue. If you like your new job you might consider focusing on the job.
     
  9. mightymoose

    mightymoose Moderator

    Messages:
    11,030
    Likes Received:
    1,826
    Trophy Points:
    113

    It seems they have resolved your issue. If you like your new job you might consider focusing on the job.
     
  10. flyingron

    flyingron Active Member

    Messages:
    590
    Likes Received:
    245
    Trophy Points:
    43

    Sorry Moose, didn't hear. Did they resolve the issue?
     
    justblue likes this.
  11. cbg

    cbg Super Moderator

    Messages:
    8,230
    Likes Received:
    1,383
    Trophy Points:
    113

    What they were going to do is irrelevant. You've made your point and they are now aware of the issue. Do you really WANT to paint a target on your back that's going to follow you around the entire time you've working there?
     
  12. mightymoose

    mightymoose Moderator

    Messages:
    11,030
    Likes Received:
    1,826
    Trophy Points:
    113

    Ya sorry... I think the site temporarily crashed when I posted that. Page wouldn't load and I couldn't log back in for awhile.

    Yes, I think it was resolved. :)
     

Share This Page