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holiday days off/vacation NYS

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  • holiday days off/vacation NYS

    My company that is a major apparel co with salaried and hourly workers send memo about holiday days off. Since Christmas and New Years are on the weekend this year, they are closing on Mondays 12/26 and 1/2 but the employees need to allocate their vacation/personal days for that
    Is this legal? Since we have no choice to go to work that day , can they force us to use our vacation??? Just to add I have only 5 vacation days after 2nd year of working there
    Please advise how could we descreetly make them change their mind.Nobody really wants to protest publicly
    Thanks

  • #2
    I don't know of any law that would prohibit this, except for exempt employees who are out of PTO, in which case, the employer would have to pay for that day anyway, since the federal law does state that salary cannot be reduced when the company causes in the inability to work.

    However, for nonexempt employees, that salary requirement does not apply; therefore, if you want to remain "whole" for the week, you will have to utilize two PTO days. Holidays are not required to be offered by law.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Originally posted by Pattymd
      I don't know of any law that would prohibit this, except for exempt employees who are out of PTO, in which case, the employer would have to pay for that day anyway, since the federal law does state that salary cannot be reduced when the company causes in the inability to work.

      However, for nonexempt employees, that salary requirement does not apply; therefore, if you want to remain "whole" for the week, you will have to utilize two PTO days. Holidays are not required to be offered by law.
      Thank you Patty,

      Unfortunately I won't have any vacation days by that time, so I guess I just have to take that as "gift" from my company
      Thanks for clarifying.
      BTW what do you mean by exempt employee.Just curious?

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      • #4
        An exempt employee is one who need not be paid any overtime regardless of the number of hours he or she works. The criteria for which positions qualify for exempt status is defined in the Fair Labor Standards Act. Any positions failing to meet those criteria are by default non-exempt and overtime must be paid to the incumbents.

        As an example of extremes, a CEO is exempt; the janitor is non-exempt.

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        • #5
          Thanks Beth. one more Q

          I am a salaried employee that does not qualify for OT
          Does it mean they should pay me for those holiday days

          Please enlighten me: I am very uneducated in labor law

          thanks

          Comment


          • #6
            If, in fact, you are correctly classified as an exempt employee, in this situation, even if you are out of PTO, they still have to pay you. That is because your absence was not occasioned by you, but by the employer.

            http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.118.htm
            See specifically, paragraph (a)(1) at the beginning.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Thanks

              Thanks for all of your answers.
              I guess I am exempted eployee.

              I suppose I will wait and see how will they pay me in January.
              This affects several employees around here.
              Thanks for all the info.

              Best reagrds,

              Bubaska

              Comment

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