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Thread: Forced pto during shutdown for exempt employee California

  1. #1
    Junior Member
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    Feb 2010
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    Default Forced pto during shutdown for exempt employee California

    Hello,

    I read a thread for 2009:
    http://www.laborlawtalk.com/showthread.php?t=211748

    and I have a follow-up question.

    The questions was can a company force employees to take pto during a shutdown?

    Pattymd pointed out one subtlety:
    "Agree. I would mention, though, that for exempt employees ONLY, if the shutdown is not for a full workweek AND the employee does not have enough PTO time to cover the shutdown, the employee still must be paid."

    My situation is this:
    My company has a holiday on Friday Dec 24th and Monday Dec 27th. The company is then shutting down the rest of that week, Tu-Fri, Dec 28-31.

    Thus, they are shutting down for less than a full week. Does this count as shutting down for less than a full week, given the Monday holiday? It would seem the answer is "yes", since the company only has 4 working days that week, with one declared holiday.

    The question is, would I, as an exempt employee, be entitled to be paid for these days if I did not have enough PTo to cover them?

    Thanks,
    Provider
    Last edited by provider; 02-15-2010 at 12:05 PM. Reason: typos

  2. #2
    Senior Member
    Join Date
    Jul 2005
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    31,876

    Default

    If the employee has done no work in the workweek, the employer is not required to pay an exempt salaried employee at all. Paying one day of pay as a holiday in the workweek doesn't change that.
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

    So, assuming that YOUR scheduled workweek is fully within the company workweek (for example, it starts on Saturday, Sunday, or Monday), the answer is no, you would not legally have to be paid for the 4 shutdown days, even if you did have enough PTO to cover them.
    Last edited by Pattymd; 02-15-2010 at 11:52 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

  3. #3
    Junior Member
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    Feb 2010
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    Default

    Thanks for the fast reply!

    I appreciate the dol link too.

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