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Virginia - Exempt leave without pay?

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  • Virginia - Exempt leave without pay?

    I am an exempt salaried employee in Virginia. I understand that obviously I do not get paid overtime for working over 40 hours/week. Due to the nature of my profession, there are times when I am "on the bench" - i.e. no work available that can be billed to our company's client. Sometimes I am required to take Vacation or Sick leave from our PTO bank to fill those hours (which I understand is legal). However, once that bank is depleted, I am required to take leave WITHOUT pay; is that legal? i.e. I am basically willing and able to work, but my employer is telling me there is no work available so I cannot be paid for those days?

  • #2
    Probably not legal, although ...
    - The rule for not paying an Exempt Salaried employee for time involuntarily off differs depending on just how much time we are talking about. Docking for full workweeks is allowed. Docking for full or partial workdays is not allowed.
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
    - People sometimes assume that all Exempt employees are legally the same, and this is not always true. There are actually many different Exempt classifications, sometimes with rather different rules associated with them. Sometimes people assume that what is true for the major common exceptions such as Executive and Administrative is true for all Exempt classifications, which it is not. You might want to go back to the beginning. Find out exactly which Exempt classification you are subject to, and what are the rules for that specific classification. For example, an Outside Salesperson can be paid on a salaried basis, but this is not a legal requirement and arguably the 541.602 rules would not apply. Exempt classifications are always a function of the specific job duties, but sometimes also a function of the industry.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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