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Forced days off California

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  • Forced days off California

    My employer is saying our office is closed two days during the holiday season. The salaried employees get paid for these. The hourly employees (which I am one) will have the day off without pay unless we would like to use our vacation days instead. Can they legally do this? This is a non-profit organization if that makes a difference.

  • #2
    Yes, not only can they legally do this, it is quite common.

    They are required by law to pay exempt employees under the circumstances you describe. They could, but are not required to, mandate the use of vacation days for the exempt employees but an exempt employee who had no vacation time available would legally still have to be paid anyway.

    No such law requires them to pay non-exempt employees (who never have the legal expectation of being paid when they do not work, with very limited exceptions which do not apply here). It is common, and legal, to then either offer or require the use of vacation days instead.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Thank you

      Thank you for answering this so quickly for me, I appreciate it.


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