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Can my employer dock my pay for a Blizzard? Illinois

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  • Can my employer dock my pay for a Blizzard? Illinois

    We work at a car dealership in Illinois in the fixed operation side (service and parts dept), our compensation is a weekly salary along with a monthly commission check. We typically work 5 9-10 hour days with no overtime pay. Last Wednesday our area had a Blizzard and dumped about two feet of snow. Today the office staff circulated a form informing us that we had use a "vacation" day for last Wednesday in order to get payed. We have employees that worked over 40 hours in the remaining 4 days. Do they have a right to dock our pay 20% for the one day that was missed?

  • #2
    If you are asking whether it is legal to require that you use a vacation day for the blizzard, it is. Regardless of your status.

    Since there are industry specific laws for auto dealerships, I will wait for DAW or Patty to address whether the time can be unpaid. But it definitely can be charged to your vacation, with or without your permission. It matters not how many hours you may otherwise have worked - it's still legal.
    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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    • #3
      "Salary" per se does not mean much. It is just a payment method. The key is that IF you are both Exempt and Salaried, the you presumably are subject to the Salaried Basis rules, which does not care even a lot bit about your vacation/PTO balance, but would have restrictions on your docking your salary. If you really fall under this category, then you presumably are subject to one of the so-called White Collar exceptions.

      The Auto Dealer specific rules related to certain non-exempt employees only. Off the top of my head, salespersons selling from the lot, mechanics, "partsman" and few other categories. IF the employee falls under this exception, then they must be paid (at least) MW for all hours worked, but are not required to be paid the 50% overtime premium. This is a rather odd exception in that auto mechanics working for a dealer are not paid the overtime premium, while the exact same employee doing the exact same work for a non-auto dealer employer is paid the overtime premium.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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