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Salaried employee question Massachusetts

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  • Salaried employee question Massachusetts

    I am a salaried employee and was told today not to come in for the rest of the week because there is no work for me to do. I was told that I would only be paid for time that I have accrued, which is only a half a day. Can they legally not pay me?

    Thanks in advance, Erin

  • #2
    Salaried is just a payment method and does not mean much by itself. Are you Exempt (not paid overtime) or Non-Exempt (paid overtime)?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      i am exempt.
      Last edited by dontknowwhattodo; 01-16-2008, 05:18 PM. Reason: made a mistake

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      • #4
        I haven't been let go yet. i was told to call on friday to see if there would be work for me next week.

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        • #5
          Since you are exempt & it seems you worked part of this week, you have to be paid your regular weekly salary for the whole week. They can, though, charge any of the time off to any PTO you might have but can't reduce your weekly salary.

          File a claim with your Attorney General's office for any wages you do not receive for the week.

          An exempt employee's salary can only be docked for absences of less than a full week for only certain reasons (ie It is the first and last week of employment and you do not work the entire week, you are on FMLA)

          http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
          Last edited by Betty3; 01-16-2008, 05:48 PM. Reason: add info
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            i'm sorry, what's PTO?

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            • #7
              Originally posted by dontknowwhattodo View Post
              i'm sorry, what's PTO?
              paid time off

              Due to Joe's reply, it may be you file for unemployment ins. for the part of the week you are not getting paid (considered a layoff) - DAW?
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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              • #8
                If the employee is actually terminated, then there is an "initial/terminal" week exception to 541.602, and the employee should file for UI.

                However, I am pretty sure that if we are talking week to week, DOL will not buy the employer trying to keep reusing the "initial/terminal" week exception. At some point the employee just plain losses the Exempt status. I am sure that there is case law on this, but I have no idea what it is.

                If I was the employee I would print out 541.602, say that docking an Exempt Salaried employee for partial weeks involuntarily not worked is not legal under federal law. I would not mention the "T" word (do not give the employer any ideas that they have not already thought of). I would not file for unemployment (yet) but I would file a wage claim if necessary. Forty some states support the Public Policy exception to Employment At Will and I suspect that MA is one of those states. Terminating an employe after a valid wage claim went in would be a very dumb action on the part of the employer.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  Wow, its so wierd to see anyone but Joec/Mcgruff pull out the public policy exception.

                  Since it regards FLSA matter, would the employee have protection under 29 USC §315(a)(3)? That might be a better defense then a generic public policy claim.

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                  • #10
                    Not all states support the Public Policy exception and of those states that do, not all states support all possible usages of this exception. However terminating someone for filing a wage claim can be risky in some states and I am guessing that MA is such a state.

                    I have never heard of 29 USC §315(a)(3). Could you expand a little?
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

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                    • #11
                      That should read §215(a)(3)

                      (3) to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee;...

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