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Reduction in Work Hours for Exempt Professionals South Carolina

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  • Reduction in Work Hours for Exempt Professionals South Carolina

    We are putting in place a reduction in hours for "exempt professionals" (engineers). We work a 4.5 day week but many would like to spread their 4 hour reduction throughout the week. Someone has asked about a "rule" saying that if an exempt person shows up for a part of a day they must be paid for the entire day. Is this true?

  • #2
    It most certainly is true. There are only two instances when an exempt employee can be docked in partial day increments, regardless of how many hours he works; (1) if the unworked part of the day is attributable to FMLA or (2) it is the first or last week of employment and the exempt employee does not work the entire week.

    In ALL other circumstances, regardless, if an exempt employee works any part of the day they must be paid for the full day. It IS legal to force the use of vacation, sick, personal or other paid leave for partial day increments (though if I understand you correctly I don't think that would be appropriate here) but Federal law requires that an exempt employee be paid for a full day if he works any part of a day.

    Additionally, with very limited exceptions for disciplinary reasons, an exempt employee cannot be docked in full day increments if the day off is forced on him. There are some circumstances in which a VOLUNTARILY taken day off can be unpaid, but if it's a requirement of the employer it must be paid.
    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
      Is this the same for Illinois law? I am an exempt employee whose employer is forcing to use either vacation time or take unpaid day for mandatory plant closings of one or two days a week.

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      • #4
        yankee100, would you please start your own new thread. Thanks.
        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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        • #5
          Yankee, did you read cbg's response to the OP? The FLSA is a federal law. That means it applies to everybody in every state.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            I started to anwer yankee since the answer was the same as for the OP but didn't since they really should have started their own new thread.

            However, no problem/big deal either way.
            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.

            Comment


            • #7
              yankee has now started his own new thread.

              http://www.laborlawtalk.com/showthread.php?t=212079
              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.

              Comment

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