Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Exempt/Salaried Employee-Day off Colorado

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Exempt/Salaried Employee-Day off Colorado

    I am an exempt - salaried employee. Our company policy states that the a work week will generally exceed 40 hours but does not specify how many hours over 40. I work in catering so I can be scheduled to work shifts Sunday thru Saturday (i.e. my work work is not Monday thru Friday). I normally work approximately 45 to 60 hours a week.
    I had one day this week but I am still working greater than 40 hours and 5 days this week.
    My employer is using 8 hours vacation pay even though I will have worked more than 40 hours. Is this legal? I cannot find a specific Colorado or federal law that addresses this issue.
    This is not the first time. I was docked last week because I took one day off even though I worked 5 days and most days were 12 to 17 hours long.
    In both cases, I am not working less than 40 + hours.
    Your help is greatly appreciated

  • #2
    [QUOTE=MicheleH;1055552]My employer is using 8 hours vacation pay even though I will have worked more than 40 hours. Is this legal? I cannot find a specific Colorado or federal law that addresses this issue.[QUOTE]

    Yes, this is legal.

    Originally posted by MicheleH View Post
    This is not the first time. I was docked last week because I took one day off even though I worked 5 days and most days were 12 to 17 hours long.
    By docking your pay do you mean your pay was reduced or the time was charged to vacation or other PTO - why were you off?
    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


    • #3
      The reason you cannot find any statutes addressing this issue is that there aren't any. The Feds have gone on record as saying that nothing that has to do with vacation, PTO, or for that matter, any other paid leave, is of interest to them. Although some state somewhere COULD, if they chose to, pass laws on the subject, no state has done so.

      It is therefore legal for your employer to require you to use vacation time for the day you were off, no matter how many hours you worked.

      BTW, if you are actually exempt, 40 hours has no legal meaning for you.
      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.

      Comment

      The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
      Working...
      X