competcyclist
01-11-2008, 07:36 PM
I am an exempt salaried employee my employer deducted christmas day and new years day from my salary, is the legal?
View Full Version : Exempt holiday question Colorado
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competcyclist 01-11-2008, 07:36 PM I am an exempt salaried employee my employer deducted christmas day and new years day from my salary, is the legal? DAW 01-11-2008, 09:02 PM Probably not, unless there is something else happening that you did not mention. For example no work done in the entire workweek. http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm Betty3 01-11-2008, 11:20 PM Agree - unless you didn't work the entire workweek, they can't deduct the holidays from your salary. They can, however, charge the time off to any accumulated PTO you might have. sainttlf 11-11-2008, 11:53 AM The manufacturing plant i work for has announced a week-long closure beginning Monday 12-29 through Friday, January 2nd, with Thursday Jan 1st being a company paid holiday. The company says that any unused sick or vacation days must be used for those 4 days or the employee will be unpaid. We normally don't close unless there is a blizzard or power outage, have i known this i would've saved some vacation days. I feel, as a salaried exempt employee, that i should be paid for an unscheduled shut down having not been given the opportunity to plan for it. Do i have any recourse? DAW 11-11-2008, 12:08 PM Probably legal, with one possible caveat. The 541.602 rule cited earlier looks at the workweek. It might be the same as the calendar week. It might not. Perhaps your employer managed to create a workweek substantially different then the calendar week. This would have been a "not very smart" action by your employer, but anything is possible. I have always worked for employers whose workweek ended Sunday midnight, which basically is the calendar week. But if hypothetically your employers workweek end say Wednesday midnight, then they could not dock you. You would need to talk to your employer to find out what the workweek is. You might also want to review the actual regulation I cited earlier. sainttlf 11-11-2008, 12:44 PM Our work week is Sunday 12:00am-Saturday 11:59pm. So in my scenario this means what exactly? DAW 11-11-2008, 02:28 PM That your plant closure all occurs in the same workweek, and that it is legal to not pay you for that workweek assuming that no work occurs then. |
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