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  • Mandatory vacation

    Here it is almost November 1 and our VP decided that the corporate office is going to close for the last week of the year. We operate a 24/7 call center and that will remain open. I am an exempt employee, and I have work that could be done during that week. Does the company have the right to not pay me for that week? I used my vacation time earlier in the year, not knowing I would need it for the end of the year.
    Clarice

  • #2
    The actual rules are the 29 CFR 541.602 FLSA regulation. I will summarize the main rules, but one major key is that the regulation talks about "work weeks" while you are apparently talking about calendar weeks, which is not legally the same thing. No one on this website knows what your company has choosen as a work week. A work week is a fixed 168 hour period of time, that is expected to be rarely if ever altered and which is legally unrelated to shifts, schedules or actual hours worked.
    - Salary cannot be docked for partial days not worked.
    - Salary can be docked for entire days voluntarily not worked.
    - Salary can be docked for entire work weeks involuntarily not worked. If you do any work within the workweek, then your salary cannot be involuntarily docked.
    - This regulation looks at salary paid, period. Nothing that happens with vacation/sick/pto balances has anything to do with federal law.

    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      What DAW is saying is that if the week the company is closed corresponds with the company work week and you do no work at all, you do not have to be paid. If you have no PTO available, you are out of luck.

      OTOH, let's say the work weeks overlap the week of the shutdown, the company has no choice but to pay you for both work weeks, even if you don't have any time available in your leave bank, assuming you did some work in each of the work weeks.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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      • #4
        Companies never have to make an employee Exempt. If an employee is Exempt, it is because the employer choose to do so. Employers are thrilled at pocketing all that unpaid overtime, but it comes at price. The employer loses most of their ability to dock the employee's salary.

        TANSTAAFL.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          I understand but it is legal. I worked for a shipyard that was shut down every year from the Friday before Christmas through January 2nd. Sorry.

          Comment


          • #6
            Originally posted by DAW View Post
            The actual rules are the 29 CFR 541.602 FLSA regulation. I will summarize the main rules, but one major key is that the regulation talks about "work weeks" while you are apparently talking about calendar weeks, which is not legally the same thing. No one on this website knows what your company has choosen as a work week. A work week is a fixed 168 hour period of time, that is expected to be rarely if ever altered and which is legally unrelated to shifts, schedules or actual hours worked.
            - Salary cannot be docked for partial days not worked.
            - Salary can be docked for entire days voluntarily not worked.
            - Salary can be docked for entire work weeks involuntarily not worked. If you do any work within the workweek, then your salary cannot be involuntarily docked.
            - This regulation looks at salary paid, period. Nothing that happens with vacation/sick/pto balances has anything to do with federal law.

            http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
            Originally posted by ScottB View Post
            What DAW is saying is that if the week the company is closed corresponds with the company work week and you do no work at all, you do not have to be paid. If you have no PTO available, you are out of luck.

            OTOH, let's say the work weeks overlap the week of the shutdown, the company has no choice but to pay you for both work weeks, even if you don't have any time available in your leave bank, assuming you did some work in each of the work weeks.
            Thank you both very much. The information was helpful

            Comment

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