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FeliciaNiemeier@email.com
06-08-2009, 06:28 AM
As a salaried employee I expect my check every two weeks to show the same pay. On my last check which covered the Memorial day Holiday, my check was short one full days pay. Is it legal for my employee to stop paying Holiday and vacation time? Up until this last check I was always paid for Holidays and vacations.Where would I find the reference to the law regarding this matter?

Thanks

Pattymd
06-08-2009, 06:36 AM
By "salaried", do you mean exempt?

FeliciaNiemeier@email.com
06-08-2009, 09:53 AM
I am not sure what you mean by exempt.

Pattymd
06-08-2009, 09:56 AM
"Exempt" as in exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act.

What exactly do you do (not your job title, but your daily duties)? What type of business is this (not the name of it)? What is your weekly salary?

FeliciaNiemeier@email.com
06-08-2009, 10:20 AM
This story is actually about my friend. The company he works for does house location surveys for settlement companies and construction engineering. He works as a field crew supervisor, draftsmen, construction engineer. Also his business card reads principal. The salary used to be 75k and due to the economy they asked for pay reductions now he is down to 50k a year.

Pattymd
06-08-2009, 10:37 AM
Sounds very much like he meets the qualifications for exempt status. As such, his weekly salary cannot be reduced when he does not work because work is not available (as in the case of a company holiday).
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm

When he asks the employer why he was not paid for the holiday, what reason did they give?

FeliciaNiemeier@email.com
06-08-2009, 11:44 AM
"They gave out a memo for hourly employees saying that they were not paying for holidays or vacation or sick leave.Since I was salary and that had never effected me before I thought it was for the hourly employees"

They also informed him that he has lost all of his accumulated vacation hours and will no longer be paid if he takes vacation.

Pattymd
06-08-2009, 12:35 PM
It sounds like they are treating him as an exempt employee. Again, I would recommend he just bring it up as a "my paycheck was short last time, can we get that corrected?" and see what the response is.

Same thing with vacation. Have they told him WHY his accrued vacation is being zeroed out? Vacation is not vested by law in Virginia.

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