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    Is it legal to deduct an exempt salaried employee's salary for a day that the business was not open? My employer has a practice of doing this twice a year for non-paid holidays and requires us to use vacation time or take the day unpaid. Just wondering if there is a specific code I can refer her to. Thanks!

  • #2
    We need to be careful here because you have included two legally very different situations in your questions.
    - The employer cannot legally dock the salary on an Exempt Salaried employee for a day involuntarily not worked.
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
    - However the employer can reduce the vacation/PTO balance for time not worked as long as the federal docking rules are followed.
    http://www.dol.gov/esa/whd/opinion/F...aidTimeOff.pdf
    Last edited by DAW; 02-04-2009, 05:43 PM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Thanks for the links. The first link seems to be saying that if our pay is affected by days of business closure then we are not truely "salaried" employees and therefore salary statutes don't apply? " An employee is not paid on a salary basis if deductions from the employee's predetermined compensation are made for absences occasioned by the employer or by the operating requirements of the business" Am I reading this right?

      And it seems as though the second refers to days off that the employee initiates not that the employer closes the business for. Does it make a difference?
      Thanks again for your help!

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      • #4
        In your case where the business is not open for a day, your salary as an exempt salaried employee cannot be docked. However, the day can be charged to vacation or other PTO. You just need to get your full fixed weekly salary.
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        • #5
          You are understanding correctly. The exemption can be jeopardized if the company has a practice/policy of noncompliance in this area, instead of just making an occasional clerical mistake and correcting it.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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