NC Salaried Exempt forced Leave W/O Pay

[luvbug85]

I am a contractor for the Dept. of Defense. My employer has classified me as "salaried-exempt " - even though I've read the definitions and I don't think it applies to me. The day after Thanksgiving is NOT a holiday for my company, however the military installation where I work will be closed. My employer will only allow employees to use leave time for that day, and if employees don't have 8+ hours of leave, they will be forced to take leave without pay. Is that legal? Can you dock salaried exempt employees for working under 40 hours? Some employees will have 80+ hours for the pay period, but are not allowed to flex their time on this day and will have to use leave or LWOP.

[Beth3]

I'm going to suggest you contact the federal Department of Labor and ask about this: 202-693-4650.

Normally, the employer docking you a day's pay because work is not available would be expressely prohibited but some things that are prohibited in the private sector under wage and hour laws are just the opposite in the public sector. Since you work for a defense department contractor, it's possible those public sector wage and hour reg's may also apply to you. I don't want to answer your question on a "best guess" basis and steer you wrong.

[luvbug85]

Thanks! I've got a call into the DOL, thought I'd give this a try. Thanks again.

[Beth3]

You're very welcome.