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    My wife was a salary exempt manager of a retail store. She was recently fired for her store not performing well. The day she was fired she showed up for and worked approximately two hours before she was terminated. Should she have been compinsated for this day, because her employer did not pay her for it.

  • #2
    Was she paid for the two hours she worked? Thanks.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Even a salary exempt employee only has to be paid for time actually worked in the first or last week of employment. As long as she got paid for the two hours she worked, that's all the law requires. Many employers would have paid her for the full day but they are not required to by law.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Yep, that's one of the exceptions where a salaried exempt employee only has to be
        paid for the time worked (can be paid for part of a day).
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Agreed with the above. Before 2004 the related 29 CFR 541.118 regulation was annonyingly unclear in it's wording on this particular point. Many payroll departments treated the entire final day as paid because they just were not sure what the rule actually meant. In 2004 federal DOL made a bunch of revisions to the regulations they called the "FairPay" changes. One of the many changes was to replace the above regulation with 29 CFR 541.602, which clearly stated that the employer could pay "initial/terminal" weeks of employment on either a days worked or hours worked basis. At which point most employers went with the "hours worked" basis.
          http://ecfr.gpoaccess.gov/cgi/t/text....1.1.22.7.85.3
          Last edited by DAW; 10-16-2011, 08:53 AM.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            i appreciate the feedback. this is how she was paid, she had worked one day that week prior to being termed, one regular day at 8hrs and four 8 hr days of vacation. so technically no she wasn't paid the two hours. she had 48 hrs of vacation available at the time. i know that legally her company does not have to pay her the vacation time but i thought it was odd they paid part of it.

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            • #7
              Including the vacation pay, she was paid for more hours than she actually worked. Both Florida and Federal law would take the position that she was paid everything that was due her.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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