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  • "Furlough" Days in Massachusetts

    My company, in an effort to avoid additional layoffs, announced to us that everyone in the company would be required to take 3 "Furlough" days off without pay in the remainder of 2010. (This was announced in late September) We have had 2 of these days already, but I have been reading online about some things, and needed some clarification.

    From what I have read, they can't take away my pay seeing as they classify me as an exempt employee. (Technically I don't think I qualify for that, but that's another matter all to itself) Is this accurate? Or as someone told me, because they are requiring everyone in the company, regardless of classification, to take the days off w/out pay this is OK?

    Any advise?

  • #2
    If you are salaried exempt, your pay cannot be docked for full days absences in a workweek UNLESS you perform no services at all during that workweek. There are some other exceptions, but they don't apply here.
    https://www.dol.gov/dol/allcfr/ESA/T...CFR541.602.htm

    In this case, it would be to your advantage to be salaried exempt, but you're right, that is a discussion for another day/another thread.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      If you would do some/any work during the workweek as a salaried exempt employee,
      you have to be paid for the entire week. However; if your employer wanted, they
      could charge your days off to vac./PTO.
      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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      • #4
        Thank You for your quick replies.

        Patty, the information you posted is Federal guidelines, would there be any difference with Massachusetts, or am I correct in the assumption that it really doesn't matter because the Federal law fits, and in terms of picking State Law vs. Federal Law it is whichever is most beneficial to the employee?

        Betty, at this point since 2 of the days have already happened, and my pay was deducted, this shouldn't matter as any infraction they have committed has already occurred. Am I correct?

        Once again thank you for your replies!

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        • #5
          MA follows the Federal definitions for exempt status if that helps; no state has the authority to override Federal legislation. A state could (and some have) put in still more employee friendly laws; MA has not chosen to do so.
          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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          • #6
            Originally posted by arrowcool View Post
            Betty, at this point since 2 of the days have already happened, and my pay was deducted, this shouldn't matter as any infraction they have committed has already occurred. Am I correct?
            Yes, you are correct. They shouldn't have docked your pay as a salaried exempt
            employee. I was just saying what an employer can do.
            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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