Georgia Laws Concerning Docking Salaried Employees' Pay

By Danielle Smyth - Updated August 13, 2018

The state of Georgia abides by the federal government’s Fair Labor Standards Act in the workplace. This law safeguards the rights of nonexempt employees, requiring that they receive overtime pay, among other protections. Though exempt employees are not eligible for overtime pay, the FLSA does extend certain protections to them that would be upheld by the Georgia labor board. These include rules about docking the pay of salaried employees.

Docking Salaried Employees Pay

Salaried workers are often classified as exempt. To be classified as such, employees must meet certain requirements regarding their job duties. Exempt employees may be workers in executive, administrative, professional or outside sales positions who are compensated with a salary instead of hourly pay. In addition, with the exception of teachers and those who work in sales, these workers must be paid a salary of at least $455 per week, according to the FLSA.

Since exempt employees must, under the FLSA, receive a predetermined wage each pay period, this law prohibits employers from docking pay due to the quality or quantity of the employee’s work. As such, employees must be paid their full salary if they accomplish the tasks outlined for them in a given week. Even if they report to work and there is nothing for them to do, if they were able and willing to do work, they must be paid. In addition, exempt employees are owed their salaries regardless of how many hours they work in a week.

Reasons for Docking Pay

According to the FLSA, there are some acceptable reasons for an employer to dock an exempt worker’s pay: If the employee is absent from work due to personal reasons for more than a day; if the worker is sick or otherwise incapacitated, misses more than one day of work and the company has a plan to compensate them for the money they lose; to offset any amount the worker receives for jury duty, military service or witness fees; if the worker has violated major safety rules; if there is a disciplinary suspension; for unpaid leave subject to the Family and Medical Leave Act; and during the first or last week of employment if the employee does not work a full week.

Georgia does not have any laws requiring an employer to pay an employee wages when they are involved in a wage dispute with the employee. In addition, Georgia exempt employee laws do not follow the federal Fair Labor Standards Act when it comes to protections like overtime.

Georgia Overtime Laws

In the state of Georgia, unless there is a specific exemption for their role, all employees must receive overtime pay for hours worked in excess of 40 hours worked in one work week. This overtime pay must be at a rate of 1.5 times the employee’s typical rate. Georgia, like the federal government, does not require that employees be given extra pay for working weekends or at night. This is a matter that must be agreed upon in an employment contract or by a union on behalf of the company’s staff. If it is outlined in an employee handbook that a higher rate will be paid for these hours, then the employer must abide by its promise. That being said, night and weekend labor in excess of 40 hours worked per week is subject to overtime pay.

About the Author

Danielle Smyth is a writer and content marketer from upstate New York. She holds a Master of Science in Publishing from Pace University. Her experience includes years of work in the insurance, workers compensation, disability, and background investigation fields. In addition to being the content writer and social media manager for Alliance Worldwide Investigative Group, she has written on legal topics for a number of other clients. She owns her own content marketing agency, Wordsmyth Creative Content Marketing (www.wordsmythcontent.com), and she enjoys writing legal articles and blogs for clients in related industries.

Cite this Article A tool to create a citation to reference this article Cite this Article