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Salaried Exempt Hours Cut Illinois

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  • Salaried Exempt Hours Cut Illinois

    I am a salaried exempt employee working for a publicly traded company. The corporate headquarters is in Michigan and my facility is in Illinois. We were just recently told that there may be mandatory shut-down days for our facility toward the end of this year. We were also told that if we have no vacation days left to cover the mandatory shut-down days, we would have to take the days off without pay. Is this legal? Isn't a salaried position assured a set amount of pay per annum irregardless of attendance?

  • #2
    That would depend on whether or not the shutdown exactly corresponds to the workweek. Even an exempt employee need not be paid if they do no work at all during the workweek.
    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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    • #3
      Not exactly "regardless of attendance" ("irregardless" is a pet peeve of mine), but there are very limited instances in which an exempt employee's salary can be docked. One of them is if the employee performs no work for the entire workweek. However, if you work one day of the workweek, and the rest is "company shutdown", you have to be paid for the entire workweek.
      http://www.dol.gov/dol/allcfr/ESA/Ti.../Subpart_G.htm

      Are there exempt employees who don't (and won't have by that time) enough vacation to cover? The employee legally could not approve any paid vacation up until that time, so the employee would have enough (or at least be close).
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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