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View Full Version : Closed for the holiday but still working Missouri


danbomo
05-27-2006, 06:31 AM
We only get four paid holidays a year. There are four Managers in the
store. We all work 50-58 hours a week. We have a five day work week.
We have a holiday off, the restaurant is closed but the four managers
have been volunteered to work at a city function on this holiday. This
holiday will also be counted as one of our two days a week off. Is this
right or wrong. Missouri

cbg
05-27-2006, 10:18 AM
Whether it is "right" or "wrong" is a matter of opinion. It is not, however, illegal. The law does not require that you ever be given any holidays off.

turbowray
05-28-2006, 08:30 AM
the poster said that the volunteered day off on the holiday (which i would pressume would be monday) would also be counted as one of the posters usual 2 days off that he or she recieves this week...if this makes the poster work for 6 days and only 1 day off,could this change what she is entitled to recieve on her paycheck? :confused:

Pattymd
05-28-2006, 09:17 AM
Yes, but as Managers, the assumption would be that they are exempt. Accordingly, extra pay is not required. Neither is giving an alternative day off required under the law.

turbowray
05-28-2006, 10:35 AM
one more small question...what is the difference between an exempt employee and a non exempt employee...this may help me understand alot of questions and answers on these threads and posts. Thanks for your information!!

cbg
05-28-2006, 10:49 AM
An exempt employee is one who is exempt from overtime under the Fair Labor Standards Act. This includes many (but not all) managers and supervisors, executives, professionals, and other high-level employees.

A non-exempt employee is one who is not exempt from (i.e. must receive) overtime.

Whether an employee is exempt or non-exempt depends on his or her job DUTIES, not their job title.

Under the law, non-exempt employees never have to be paid when they do not work, with a very, very few state specific exceptions. (In some, but by no means all, states, a non-exempt employee must be paid if they are out on jury duty; in some, but not all states, a non-exempt employee must receive paid time off to vote in some situations; in California ONLY, some non-exempt employees in some situations must receive paid medical leave.) So a non-exempt employee does not have to be paid if the company is closed for the holiday.

An exempt employee, however, can only have their pay docked in a very few situations. (This is the flip side for not receiving overtime.) A company being closed for the holiday is not one of them. So an exempt employee must be paid if the company closes for a holiday (in most circumstances). However, there are NO circumstances whatsoever, in any state or any circumstances, when an exempt employee is entitled to any pay whatsoever over and above their regular salary. If the employer chooses to offer it, fine; if there is a contract granting it, fine. But the LAW does not require it EVER.

There is a strict set of guidelines governing who can and cannot be considered exempt. In some cases, if those guidelines are violated, the employee can no longer be considered exempt and must start receiving overtime (but will not have to be paid if they don't work). In this particular instance, it MIGHT be (we can't tell from what is said) that the OP MIGHT be required to work a higher percentage of non-exempt duties than is allowed under the exemption. IF that proves to be the case, the OP will have to be reclassified as non-exempt. In that case, if he works over 40 hours per week he will have to receive overtime, but except as noted IF his state recognizes the exceptions, he will not have to be paid if he does not work.

turbowray
05-28-2006, 07:02 PM
I am sooo glad i learned that,it will help me greatly in the future!! :D Your a great answer person and also a great moderator!!! Keep up the good work!!

Pattymd
05-28-2006, 07:09 PM
Yes she is. And if she's as smart as I know cbg to be, she probably has that whole thing in a Word document somewhere that she can just cut-and-paste. :D

danbomo
05-30-2006, 10:21 PM
Thanks for the response.

I am "EXEMPT" ! Guess I have to work!

Thanks again

turbowray
05-30-2006, 10:43 PM
You Two Are Awesome!!!!

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