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1 day furlough for exempts? Illinois

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  • 1 day furlough for exempts? Illinois

    My wife's company closed for one day on Friday and required all employees to take an unpaid day off. They were not allowed to use any available personal or vacation days. How does that pass the labor laws governing salaried exempt employees?

  • #2
    I would say that this violates the salary basis test (29 CFR 541.602).
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      It would, however, be legal IF they were allowed to use vacation or other paid leave.
      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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      • #4
        salary basis -- 29 CFR 541.602

        http://www.dol.gov/dol/allcfr/esa/ti...CFR541.602.htm
        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
          Employer may require exempt employees to use accrued vacation time for any absence, including one resulting from a plant shutdown, without affecting their exempt status, provided that employees receive a payment in an amount equal to their guaranteed salary. "[A]n exempt employee who has no accrued [vacation] benefits . . . or has a negative balance . . . still must receive the employee’s guaranteed salary for any absence(s)occasioned by the employer or the operating requirements of the business."

          http://www.dol.gov/esa/whd/opinion/FLSA/2009/2009_01_14_02_FLSA.pdf
          ========================================

          "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

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