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Holiday Pays South Carolina

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  • Holiday Pays South Carolina

    Hi i have a question about holiday pay. My employer closed the day after thanskgiving and is not paying us for that day at all. I am a salary paid employee. HE also didnt even tell us we where not getting paid for it. (We had to ask the manager.) The owner never told us or even discuss it with anyone. We even told him we would work it and nobody would come and let us in so we could get some work done for that day. He said he was going to be closed and he wasnt going to come in to let 2 people work. Is this legal and if so why? Thanks for your time and consideration.
    Last edited by myersbutterflys; 11-29-2007, 05:59 PM.

  • #2
    "Salary" and "hourly" are just payment methods and do not mean much by themselves. Of more importance is whether the employee is Exempt (no legal right to paid overtime) or Non-Exempt (legal right to paid overtime).

    Exempt Salaried employees only have restrictions on having their salaries docked under federal FLSA regulations 29 CFR 541.602. This would prohibit what you describe.
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

    However, Non-Exempt Salaried employees are mostly covered by the 29 CFR 778.113 regulation which has no such restriction on docking salaried. I have heard that a few states have different rules, although I have never heard exactly which states (if actually any) these are.
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.113.htm

    So, the answer is given your facts as stated, your employer can legally dock Non-Exempt Salaried employees but not Exempt Salaried employes. The following webpage covers most common Exempt classifications.
    http://www.dol.gov/esa/regs/complian...irpay/main.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Thanks/ one more question

      Thank you very much for your quick response. So if i have a salary of 400.00 a week does that make me non exempt and leave him able to dock my pay check as he wishes? Thanks for your help maybe you can just help me with this one to.

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      • #4
        If your salary is $400, then you are non-exempt by definition and you are not entitled by law to be paid for any time you do not work. Including holidays or days the company is closed.
        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.

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