Let me clarify. My company as decided to shut down the office on the Friday before Christmas and the Friday before New Years Day. It has already been established that the official company holidays are the Monday after both holidays. I am an exempt (salaried, no OT) employee. The company says we will not be paid for these Fridays unless we use vacation time and thus the amount of for that days work (salary divided by 5) will be deducted. We will be paid for the holiday. Is this legal and if not were can I find something or someone that will prove this action illegal?

I believe that, for exempt employees, federal law would prohibits docking pay when the company causes the inability to work. There is nothing, however, that prohibits the company from making employees use a vacation day.

And I agree with Marketeer.

What if the employee does not have vacation to take? This policy was enacted the Monday after Thanksgiving.