🤠 Texas Payday Showdown: Can Your Salaried Boss Pull a Fast One When You Ditch Work? (A Hilarious Deep Dive into FLSA Rules)
Listen up, all you Lone Star State salaried warriors! You’ve probably asked yourself the million-dollar question after a killer party or a sudden case of "I just can't even" syndrome: If I'm salaried and I just don't show up to work in Texas, does the money train stop?
This ain't some wild west movie where the sheriff gets paid regardless. We're talking cold, hard federal and state labor law. Specifically, the Fair Labor Standards Act (FLSA) rules are the big cheese here, and they've got some surprisingly detailed (and kinda quirky) rules for your employer. Spoiler alert: Being salaried doesn't mean you're immune to pay deductions, but it's way more complex than an hourly gig. Let’s grab our cowboy hats and wade into this legal rodeo!
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| Do Salaried Employees Get Paid If They Do Not Work Texas |
Step 1: Figure Out if You're the "Real Deal" Salaried Employee
Before we get into the nitty-gritty of missed work, you gotta check your classification. Just because your paycheck says "salary" doesn't automatically mean you're "exempt" from overtime and those special deduction rules. This is where most people get seriously messed up.
1.1. The Three-Point Test: Exempt vs. Non-Exempt
The FLSA is the boss of the bosses here. To be truly "exempt" (meaning not owed overtime and subject to these deduction rules), you generally have to meet three criteria. If you fail any one of these, you're non-exempt, and your employer owes you overtime and they generally cannot dock your pay for partial-day absences.
Salary Basis Test: Do you get a predetermined, fixed amount of pay, and it generally doesn't get reduced based on the quality or quantity of work? This amount must be paid for any week you perform any work. The current minimum is $684 per week (as of this writing).
Salary Level Test: Is your salary above that minimum threshold? Gotta meet the cash requirement, Hoss.
Duties Test: Do you perform specific, high-level duties like executive, administrative, or professional work? This means real management, making big decisions, or using advanced knowledge, not just being called a "manager" because you open the store sometimes.
If you’re non-exempt, your employer must pay you for the hours you work, and they cannot legally deduct pay for time you didn't work, even if they're still giving you a salary. But if you don't work the whole day, they don't have to pay for the time you missed—you just lose the pay for those exact hours, like an hourly employee.
Step 2: The Full-Day Absence Conundrum
Tip: Remember, the small details add value.
Alright, let's assume you're the real deal—a bona fide, exempt salaried employee. The rules are much stricter for your employer when it comes to taking away your hard-earned cash. They cannot deduct your pay for a partial day of absence—like showing up two hours late or leaving three hours early—unless it's related to the Family and Medical Leave Act (FMLA). That’s a big "No-No."
But what about a full day when you just decide to Netflix and chill instead of working?
2.1. Personal Reasons? The Pay-Docking is On!
This is where the FLSA gives your boss some muscle. If you miss one or more full days for personal reasons (we're talking "I needed a mental health day to perfect my sourdough starter" or "I wanted to go fishing"), your employer is generally allowed to dock your pay for those full days.
Wait, didn’t I just say I get a fixed salary? Yes, but the law makes an exception here. You only need to be paid your full salary for any week in which you perform some work. If you take a full day off for a personal reason, your employer can reduce your pay for that full day without messing up your exempt status.
2.2. Sick Days and the "Bona Fide" Policy
If you miss a full day due to sickness or disability, your employer can still deduct your pay, BUT only if they have a bona fide (that's fancy legal speak for "legitimate") plan that offers compensation for sick days (like a paid sick leave plan).
If you've used up all your sick days/PTO under their policy, then yes, they can typically dock your salary for that full day you were out sick.
If they don't have a sick leave plan, or if you haven't yet qualified for it, they might also be able to deduct the pay for that full day of sickness.
It’s important to note that if your employer has a PTO (Paid Time Off) policy, they almost always use that before they start docking your actual salary. They can legally deduct from your PTO bank for partial days, even if they can't touch your salary. This is their favorite move!
Step 3: When the Office is Closed (Not Your Fault)
QuickTip: Pause at transitions — they signal new ideas.
Now, let's say the whole shebang shuts down. Maybe a blizzard hit, the power went out, or the big boss decided to give everyone a "mandatory wellness day" (translation: a furlough).
3.1. Work Unavailable? Boss Has to Pay!
This is your "free pass" zone. If the office is closed due to operating requirements of the business or bad weather, and you were ready, willing, and able to work, your employer cannot dock your pay for any partial-week closure.
Example: The office closes Monday and Tuesday due to a freak ice storm, but you work Wednesday through Friday. Your boss must pay you your full weekly salary. Why? Because the absence was "occasioned by the employer." You showed up for the rest of the week, so they gotta cough up the dough for the whole seven days.
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Step 4: The Full Week Hail Mary
There is one big, smash-the-piggy-bank exception to all of this.
4.1. The Zero Work Rule
If an exempt, salaried employee performs absolutely no work during an entire workweek (Sunday through Saturday, or whatever your company defines as a workweek), your employer is not required to pay you any portion of your salary for that week.
This is the hard truth of being salaried. If you're out for seven straight days with no work done—no PTO used, no FMLA, no jury duty—your paycheck for that week can be nada. Zero. Zilch.
Tip: Read once for gist, twice for details.
So, if you plan to take an unapproved, un-covered week off to hit the beach, your employer is well within their rights to treat that week like you never existed, paycheck-wise.
Step 5: The "Don't Be a Jerk" Factor (Discipline)
Finally, remember that while your employer might be restricted from deducting pay, they are not restricted from firing you. Texas is an at-will employment state.
5.1. Paycheck is Safe, but the Job Might Not Be
Your boss can't usually dock your pay for an hour of missed work (unless FMLA), but they can absolutely:
Discipline you (written warnings, etc.).
Require you to use PTO for the missed time.
Suspend you for one or more full days without pay (especially for major safety violations or other serious policy breaches, like "major safety rules of significance"). A disciplinary suspension of less than a full week, but in full-day increments, is one of the few ways they can dock a full week's worth of pay if you do some work that week.
Fire you! Unless you have an employment contract or the firing is discriminatory, if you repeatedly miss work or refuse to show up, you're out, friend.
So, even if they can’t legally hit your wallet for a partial day of absence, don't press your luck. A write-up or a pink slip is a much bigger headache than a docked hour of pay.
FAQ Questions and Answers
How does missing partial work days affect my exempt salary status in Texas?
QuickTip: Pause before scrolling further.
The general rule is that an employer cannot deduct a salaried exempt employee's pay for missing only a partial day of work. Doing so regularly can actually compromise the employee's exempt status, potentially making them eligible for overtime pay. The major exception is for FMLA leave.
Can my employer make me use PTO for a four-hour absence if I'm salaried?
Yes. While an employer generally cannot dock your actual salary for a partial day's absence, they are perfectly entitled to require you to use your accrued PTO balance (paid time off, vacation, or sick leave) to cover the time you were absent. This deduction is taken from your leave bank, not your salary rate.
Am I guaranteed paid vacation or sick time under Texas law?
No. Texas law does not mandate that private employers provide employees with paid or unpaid vacation time, sick leave, or holiday pay. If an employer does offer these benefits, they are bound by the terms of their own written company policy under the Texas Payday Law.
What if I miss a full week of work due to jury duty in Texas?
If you miss an entire workweek (seven straight days) for jury duty, your employer is generally not required to pay you. However, if you work any part of the week and the rest is missed for jury duty, the employer must pay your full salary for that week, though they can offset this with any jury fees you received.
What should I do if my Texas employer is improperly docking my salaried pay?
First, document everything and check your exempt status (Step 1). If you believe your employer is making illegal deductions (like docking pay for partial-day absences not covered by FMLA), you can file a wage claim with the Texas Workforce Commission (TWC) or the U.S. Department of Labor (DOL) Wage and Hour Division.
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