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If an employee is considered an Exempt employee, a deduction from his pay is not allowed if he has a partial day absence. Is there a rule or law that states how many hours he/she has to work per day to be considered no deductions allowed?

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  • If an employee is considered an Exempt employee, a deduction from his pay is not allowed if he has a partial day absence. Is there a rule or law that states how many hours he/she has to work per day to be considered no deductions allowed?
It’s funny you ask this question. Reps from HD just attended a DOL session over this very topic on Friday.
So, you answer is as you probably suspect. No deductions for partial day absences – UNLESS you are a government employer. Government or “public” employers are allowed to deduct for partial days.
Assuming you are considered a private sector employer, you are not allowed to make a deduction if an exempt employee works “any part of a day”. That literally means answering a text message or any sort of activity that is related to work – no matter how little time it took to complete. FLSA says that pay cannot be reduced due to the quality or the quantity of the work performed. So, any work performed = full pay for the day.
Here are some links to references:

I hope this helps!


Overtime Exempt

Deductions from pay
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