Background: I was hired a year ago as a salary employee, residential construction project manager. I've had some life events that require me to miss more work than I'd like, mainly going through a divorce and making sure our 3 kids get the help support and therapy they need. A lot of mid day appointments. I'm averaging 34-36 hours a week. I used up the 80 hours of PTO to fill those weeks to 40. My employment details don't exist on paper at all aside from a few emails and texts agreeing on wage and “benefits” (just 80 hours pto a year and paid holidays).
A few months ago, my boss verbally told me he was going to switch me to hourly at a rate that reflects the salary. I followed up with an email for clarification on the exact amount, how he's treating overtime, vacation, time etc. I still haven't gotten a reply. I started tracking my hours on our management software. For the last 6 pay periods, there has been no change, I'm still getting salary pay, I get lax about clocking in, thinking he's just going to keep it salary.
This past Friday, payday, I have no direct deposit. He doesn't return my calls or messages until 1pm when he meets me on a job-site. He said they were going to switch me to hourly and back-charge me for the last 6 pay periods for the hours I was short of 40. Payroll got messed up, and didn't send out payment.
Can he legally dock my pay/ back-charge me for wages already paid?