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Salaried Employee Michigan

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  • Salaried Employee Michigan

    I just have a quick question. I work on average 65 to 70 hours a week, I am excempt salaried. I know this does not allow me overtime pay which I am fine with. My question is when my hours for one week drop to 25 hours for a week and then back up to the 65 + range the next week is it legal for my employer to lay me off for the week I would have put in 25 hours and then expect me back working for the 65 hour week. Am I entitled to my full weeks pay for the short houred week, it was never discussed that if we had a slow week that this would happen. I agreeded to work for a base pay no matter how low or high the hours went. Is there any protection for me to stop them from laying me off? If there lay me off are they in breach of our aggreement of salaried pay?

  • #2
    It is legal for an employer to not pay an Exempt Salaried employee for any workweek in which no work was done. I can point you to the actual docking regulation.
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      ok but

      There was work to be done, just not 60 hours of work, maybe 25 hours of work, instead of letting me work though, they laided me off. Is this still ok? And if I were to work the 25 hours are they still responsible to pay me for 40 hours?

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      • #4
        If you worked any part of the workweek, you must (under these conditions) be paid your full weekly salary. However, as DAW stated, if you don't work ANY hours during the workweek, even if the nonwork is an employer decision, you don't have to be paid.

        On its face, this technically appears legal (although petty). However, I'm questioning if the employer is actually violating the intent of the laws regarding salary basis for exempt employees and whether such intent may render this action illegal.

        You may wish to talk to your state department of labor or an attorney versed in employment law for further advice.

        One other thing. How often does this happen? Reason I'm asking is that you may be eligible for unemployment benefits for such a week, once you meet the one-week waiting period in your state.
        Last edited by Pattymd; 04-17-2009, 10:34 AM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Just to be clear, the rules say what they say and not what we might want them to say.

          For example, the OP said "There was work to be done". No kidding. I have never worked at a job where I did not have lots of work that could be done. But that is not what the rules say. The rules say that if no work is done during the workweek, that no payment is due. The rules say nothing about work needing to be done.

          On a somewhat related issue, if an employer tells the employee not to work but the employee works anyhow, the employee must be paid based on time worked BUT the employer can legally fire the employee for ignoring orders.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            I don't disagree. I just think that its a really unfair (which, of course, is not the same as illegal) way of getting around the law. Have the employee work 60 hours per week when there is 60 hours of work to be done, but not let the employee work 25 hours in the week when there is only 25 hours of work to be done so they don't have to pay the weekly salary at all.

            Probably nothing you can do, OP, except open a UI claim to cover those weeks (after the first one).
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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