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exempt/salaried employment and business closed days

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  • exempt/salaried employment and business closed days

    Hi there. I have two questions..

    First of all I didn't receive payment for memorial day even though the company was closed, there was no option to work or make up for it. They said that since it was before 90 days my benefits hadn't kicked in yet. Is this legal?

    Second..we had a power outage last week. I came to work and was sent home right away, and told I would be contacted if power came back. It never did that day. Now they are asking me to either take away a vacation day or PMT day, or come in on Saturday to make it up. Is this allowed?

    Im salaried and exempt.

  • #2
    Employees who are both Exempt and Salaried are subject to the Salaried Basis rules (29 CFR 541.602). Under those rules, those employees cannot be docked for single days involuntarily not worked. Your employer's 90 day rule is not legal.
    http://ecfr.gpoaccess.gov/cgi/t/text....1.1.22.7.85.3

    Your second question is more complicated. Under federal law (FLSA), as discussed you cannot be docked for that one day. HOWEVER telling you to make up the time is legal, telling you to work extremely long weeks without additional compensation is legal, and the feds do not care even a little bit what happens with your vacation/PTO balance as long as the 541.602 rules are followed.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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