Lizzie767
11-24-2006, 06:25 PM
I work for a privately owned service oriented company in Texas that has locations all over the country. I am a Exempt-Salaried employee. I was told the Company is planning on closing certain locations of the company during the week of Christmas. I have some leave built up but not enough to cover the entire week. I really do not want to use what little PTO time I have available because my Mom is ill and I am trying to build up my PTO to go see her for a couple of weeks.
They told me since I will be performing no work that week, they will pay me for Christmas day but I will be docked for the remaining part of the week.
I checked the DOL and 29CFR541.602 states "Exempt employees need not be paid for any work week in which they perform no work" but then it states "An employee is not paid on a salary basis if deductions from the employee's predetermined compensation are mde for absences occasioned by the employer or by the operating requirements of the business. If the employee is ready and willing to work, deductions may not be made for time when work is not available." What the heck does that mean? To me, I think it means if they dock my pay, they are treating me as an hourly employee and that I should be compensated for all of the OT I have been performing? Am I incorrect in my assumption?
I told the HR Manager that she cannot dock me because I am ready and willing to work but she told me that since I will not be working at all that week they can. This seems unfair since the entire company is not closing, only the employees who do not generate any revenue are affected. Is this legal?
They told me since I will be performing no work that week, they will pay me for Christmas day but I will be docked for the remaining part of the week.
I checked the DOL and 29CFR541.602 states "Exempt employees need not be paid for any work week in which they perform no work" but then it states "An employee is not paid on a salary basis if deductions from the employee's predetermined compensation are mde for absences occasioned by the employer or by the operating requirements of the business. If the employee is ready and willing to work, deductions may not be made for time when work is not available." What the heck does that mean? To me, I think it means if they dock my pay, they are treating me as an hourly employee and that I should be compensated for all of the OT I have been performing? Am I incorrect in my assumption?
I told the HR Manager that she cannot dock me because I am ready and willing to work but she told me that since I will not be working at all that week they can. This seems unfair since the entire company is not closing, only the employees who do not generate any revenue are affected. Is this legal?
