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Days following holidays? Nevada

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  • Days following holidays? Nevada

    Can an employer make you take the day off following a holiday unpaid?

  • #2
    Maybe. Under federal labor law, most employees are paid based on actual hours worked. No hours worked means no pay, even if the no hours worked occurred because the employer says to not work.

    There are a very few classes of employees for which this is not true. In these cases, the employer voluntary choose to use an overtime exception which reduces or eliminates the normal overtime obligation but in exchange puts docking restrictions on the salary. Employers are never forced to use these classifications, but employers are not allowed to reap the benefits of reduced/eliminated overtime without also paying the "penalty" of restrictions on docking the salary.

    The big exception is for Exempt Salaried employees under the 29 CFR 541.602 rules. Almost all Non-Exempt Salaried employees do not have docking restrictions, but there are several rarely used exceptions (Fluctuating Workweek, Belo Plan) that reduce the normal overtime requirements, but at the cost of certain docking restrictions.

    So your answer is if you are in one of these specific classifications, then you probably need to be paid. If you are not in one of these specific classifications, then not.

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    It is also possible that you could have a contract or company policy that rises to the level of an enforceable contract (most do not) that could cause such a liability that would not normally exist under labor law.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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