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Exempt employee - employer closing a day during the week, docking my pay? Florida

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  • Exempt employee - employer closing a day during the week, docking my pay? Florida

    I'm an exempt employee in the State of Florida. My employer is closing the offices for a day during the week (one time occurrence). They're trying to dock my pay, and everyone elses pay, for that day since we can't work. They're forcing us to take vacation time if we have it available, otherwise we're told we won't be paid for that day.

    Is that allowed?

  • #2
    It is allowed for them to force both exempt or non-exempt employees to use vacation.

    It is allowed for them top have non-exempt employees go unpaid if they have no vacation to use.

    However, if an exempt employee has no vacation to use, they must still be paid for the day.
    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


    • #3
      Originally posted by cbg View Post
      It is allowed for them to force both exempt or non-exempt employees to use vacation.

      It is allowed for them top have non-exempt employees go unpaid if they have no vacation to use.

      However, if an exempt employee has no vacation to use, they must still be paid for the day.
      Do you have a particular Federal or Florida statute you can quote?

      Comment


      • #4
        This is complicated. There is a federal law called FLSA that discuss rules for paying people based on time actually worked. "Vacation" is simply not mentioned anywhere in FLSA and there is no federal law with rules on vacation. Federal DOL is on record that they do not care even a little bit about matters related to vacation.
        http://www.dol.gov/esa/whd/opinion/flsa.htm

        For Salaried Exempt employees only, there are restrictions on docking the salary.
        http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

        For Non-Exempt employees you basically have to look at the entirety of the FLSA law which spells out the rules for paying these employees based on actual hours worked. The major keys to FLSA are defining hours actually worked, and stating minimum wage and overtime requirements (plus exceptions).
        http://www.dol.gov/esa/whd/regs/compliance/whdfs22.pdf

        ------

        Florida has almost nothing in the way of state specific labor law other then a higher then federal minimum wage. To my knowledge FL has no vacation laws, certainly none of the type you are talking about.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          Originally posted by DAW View Post
          This is complicated. There is a federal law called FLSA that discuss rules for paying people based on time actually worked. "Vacation" is simply not mentioned anywhere in FLSA and there is no federal law with rules on vacation. Federal DOL is on record that they do not care even a little bit about matters related to vacation.
          http://www.dol.gov/esa/whd/opinion/flsa.htm

          For Salaried Exempt employees only, there are restrictions on docking the salary.
          http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

          For Non-Exempt employees you basically have to look at the entirety of the FLSA law which spells out the rules for paying these employees based on actual hours worked. The major keys to FLSA are defining hours actually worked, and stating minimum wage and overtime requirements (plus exceptions).
          http://www.dol.gov/esa/whd/regs/compliance/whdfs22.pdf

          ------

          Florida has almost nothing in the way of state specific labor law other then a higher then federal minimum wage. To my knowledge FL has no vacation laws, certainly none of the type you are talking about.
          Thanks for the link. I am an Exempt employee as I do not clock in and out and do not get paid any overtime pay (anything in excess of 40 hours per week is "free labor", basically).

          I read your link on the dol.gov website. In the first paragraph, the following is mentioned:

          An employee is not paid on a salary basis
          if deductions from the employee's predetermined compensation are made
          for absences occasioned by the employer or by the operating
          requirements of the business.
          Wouldn't they be able to say the operating requirements of the business dictate they close those 2 days of the year - and subsequently, exempt employees would not get paid? Throwing the vacation pay situation out the window and talking strictly about being paid vs. not being paid, of course.

          Comment


          • #6
            Perhaps you are misunderstanding what that says.

            What it means is that, if the employer docks the employee's PAY for days involuntarily not worked (because the company is closed because of slow work, low orders, etc.) then the employee is not being treated as an exempt employee if the exempt status requires a guaranteed salary. IOW, making such deductions, except under the limited situations allowed by the regulations in the link DAW provided) can invalidate the exempt status of the employee.

            You will notice that the regulation does NOT say that vacation or other time off banks may not be "docked" in order to pay the full week's salary when required.

            Clear as mud?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              Originally posted by Pattymd View Post
              Perhaps you are misunderstanding what that says.

              What it means is that, if the employer docks the employee's PAY for days involuntarily not worked (because the company is closed because of slow work, low orders, etc.) then the employee is not being treated as an exempt employee if the exempt status requires a guaranteed salary. IOW, making such deductions, except under the limited situations allowed by the regulations in the link DAW provided) can invalidate the exempt status of the employee.

              You will notice that the regulation does NOT say that vacation or other time off banks may not be "docked" in order to pay the full week's salary when required.

              Clear as mud?
              Gotcha - yes, it makes sense!

              So basically (let's pretend there's no such thing as vacation time since in my particular situation there's not) - if an exempt salaried employee cannot come into work because the business is closed during what would otherwise be a normal workday, they still must be paid their weekly salary?

              Comment


              • #8
                That is correct.
                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


                • #9
                  Agreed, although change the facts to talk about entire workweeks and the answer changes. Basically Exempt Salaried employees generally cannot be docked for entire workdays workdays involuntarily not worked, but can be docked for entire workweeks not involuntarily worked. They can also cannot be docked for partial workdays not worked but can be docked for entire workdays (or workweeks) voluntarily not worked.

                  And whatever happens to vacation/PTO balance is of no interest what-so-ever to the feds, but may or may not be of interest to the state government. FL falls in the NOT interested camp.
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

                  Comment

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