Partner Carrie Hoffman was quoted in a Law360 article entitled, “Employers May Overlook Salary-Basis Test At Their Peril,” which outlines the litigation on the Fair Labor Standards Act salary basis test following the 5th Circuit decision in Hewitt v. Helix.
While docking pay may seem like a simple way to discipline employees, doing so could jeopardize the employee’s exempt status, Hoffman shared. “Wage deductions are a more common issue than day rate pay when it comes to violations of the FLSA salary requirements. Unless someone is hospitalized or on a desert island, properly classified exempt employees are typically responding to emails, so they’re working, so there’s really no point in the deductions.”
