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Accrual payback & final paycheck.

LaurieTLaurieT 1 Post
in Compensation Vote Up0Vote Down
Hi

We just put a policy in place that any salaried/exempt EE who uses time over & above what they have accrued must "pay it back" back to the company. so each employee gets a full 40, but their accrued time can fall into the negative numbers...
My question is that what is an employee quits, gets terminated, whatever, & still owes us time... can that time be docked from their FINAL paycheck? do we need written consent from employee ?

Thanks
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Comments

  • 3 Comments sorted by Votes Date Added
  • marcmarc 3,126 Posts
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    You must have employee's specific approval to take anything except mandated taxes from their paychecks. Lacking such approval, you have recourse through normal civil channels.
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  • dwittdwitt 26 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 06-30-04 AT 09:04AM (CST)[/font][br][br]Is there a federal law/reg that states all deductions except taxes must have employee approval? I have a situation similar to the original for which a response was created and would like to make a legal reference to back up our position.
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  • E WartE Wart 719 Posts
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    You could get into a situation that could affect employees' exempt status. I think you need to be a little more careful about why they are out and how long. Is it a full day or part of a day ? Is it illness/FMLA or personal? (can't dock part of a day). With laws changing in about a month or so, this can change also. You better check on the new FLSA CFR's and make sure you are adhering.
    E Wart
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