VA- probationary period - deduct pay from salary for holiday?

[kimchoney]

My husband has been working for a company for 2 weeks. He is in his 90 day probation period. They told him they will not pay him for Memorial Day because of the 90 day prob. period. He is a salary employee. Can they deduct a day of pay from his salary??

[cbg]

As we have said many, many, many times before, salaried is only a pay method. What matters is whether he is exempt or non-exempt.

If he is exempt, no, he must be paid for the holiday. If he is non-exempt, they can legally dock his pay for the holiday whether he is normally paid on salary or not.

We don't know whether he is exempt or non-exempt. It takes more than being paid on salary. What matters are his job duties. Not his job title; his job duties.

[kimchoney]

Originally Posted by cbg

As we have said many, many, many times before, salaried is only a pay method. What matters is whether he is exempt or non-exempt.

Sorry. This is the FIRST time that I have even seen or heard of this forum. So I'm not aware that you're said that MANY times before. I apologize. Forgive me if I am a moron about these things.

His position is a Quality Assurance (retention) Rep. It is a professional position and he is paid a salary. It does include some outside sales, and for that he receives a base salary plus a detailed bonus structure for retaining customers. From the things that I have read from the FLSA (sorry if thats the wrong acronym) it seems to me that he is exempt. His offer letter does not say wether or not he is exempt.

His employee handbook states that if you are in the 90 day probation period, you do not get paid for holidays. The offer letter that he received and signed says nothing about a probationary period, and he's worked there for 2 weeks now and is just hearing about it, he wasn't aware that they even had one.

Another thing about his employer. His handbook states that his health insurance kicks in after 90 days. But he was told by his boss that he would get it in 30 days. I didn't know they could make exceptions.

I really appreciate your help in all of this.

[cbg]

If he is exempt, then they have to pay him for the holiday, regardless of whether he is in his probationary period or not. There are a few exceptions where an exempt employee can have his salary docked, but a holiday is not one of them.

You can find additional details by using the Search feature.

An employee may legally make exceptions and allow an employee to receive their health insurance early as long as the insurance contract permits it.

[kimchoney]

Thank you, I appreciate your help.

[MaryEllen]

What is the difference between excempt and non-excempt salaried positiion? Is the non excempt paid a salary and any overtime and an excempt paid only salary? I am sorry for not being up on these terms! I am new to this HR teminology and this web site. I was happy to find the site as I was hoping to get more educated on these matters.
Thanks!!

[Pattymd]

That's one indication and effect of it. "Salaried" is merely a pay method.

With very few exceptions, such as outside salespersons, doctors, lawyers, some computer professionals, exempt employees, exempt employees must be paid a guaranteed salary of $455/wk (some states are higher, but not yours) and can only be docked any of that salary under very limited circumstances.

Nonexempt employees may be paid a salary, but they also must be paid overtime, although there are several ways that can be calculated. What many people call "salaried nonexempt" are merely just employees who are set up on the payroll system to automatically pay XX hours per pay period, and deductions are made when they miss time and overtime is paid when it is worked.