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forced Vacation Michigan

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  • forced Vacation Michigan

    I am a salaried employee and our hours were cut to 32 we are able to use a vacation day to make up for the 8 hours lost. When this happened I was out of vacation, they still let me come in on my schedueled day off and work performing other duties other than my own. Now that my anniversary date has rolled around they are telling me that I have to catch up to the other employees that had to burn vacation days. So now I will be forced to take 2 days a week off till I'm caught up with everyone else to make it "fair". Just wondering if I have an argument come next week or not. Thanks in advance

  • #2
    "Salaried" is just a payment method that legally means next to nothing by itself. Are you Exempt Salaried or Non-Exempt Salaried?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      I am exempt

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      • #4
        Then you need to get very familiar with the 29 CFR 541.602 regulation, which controls the docking of Exempt employees salary.
        - This regulation places certain restrictions on the docking of an Exempt employee's salary. No employer is ever forced to make any employee Exempt. Employers do so for the unpaid overtime. However this unpaid overtime comes at a cost, namely restrictions on docking the salary. If your employer is telling you to not work one day, then your employer is legally required to pay you that one day. In contrast, the employer could legally tell you to work unpaid an entire workweek.
        - HOWEVER, you also mentioned vacation, and this federal regulation has nothing what-so-ever do to with vacation or vacation balances. The feds are fine with anything your employer does with the vacation balance, because it is not their issue. The feds sole interest is that the salary basis is maintained. The vacation actions you describe are legal under federal rules. Your state is not my state, but the vacation actions are probably also legal under the laws of your state (and all of the other states for that matter). Just because a state can pass a related law on vacation, and the state could if they wanted to, does not mean that they did. Even CA (my state) would be fine with the vacation portion of the action you describe.

        Read the regulation and see if you still have any questions.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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