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Exempt Employees & Furloughs Delaware

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  • Exempt Employees & Furloughs Delaware

    If a Company requires employees to take mandatory furloughs for 6 business days, how does this affect exempt employees; is it legal under FLSA? To be clearer, an exempt employee would take 1 week without pay and then would need to take an entire day of another week off, but work the remaining week. Is this legal under the FLSA or does it put them into a non-exempt status? What other things should be considered?

  • #2
    The docking rules for exempt salaried employees basically allow employers to dock for entire workweeks involuntarily not worked and entire workdays voluntarily not worked.
    - Calendar weeks and workweeks are not necessarily the same thing. You need to find out just what your employer is using for a workweek. The portion of the time off that corresponds to the workweek could legally be handled without pay.
    - The left over workdays without pay are legally problematic (at best). However I would not assume that the remedy would be to flush the Exempt status. It is more likely (IMO) that the remedy would be to order the employer to pay back the docking and to retain the Exempt status (assuming of course that the Exempt status was legally supportable in the first place). In 2004 FLSA was changed to minimize the adverse penalties of being out of compliance. I never bothered learning exactly where the line is that when crossed flush the Exempt status, but I do know that since 2004 that line is closer to the employer then it used to be. I will say that the employer in question is not very smart and is opening doors best left closed.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)