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Can a company force you go use vacation or go without pay on holidays? Minnesota

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  • Can a company force you go use vacation or go without pay on holidays? Minnesota

    The company I work for offers 4 10 hour days as a schedule option to get your 40 hours in instead of a traditonal 5 day work week.. My question is that on holidays they only pay 8 hours and require that you use either vacation to cover the 2 missing hours or go without pay.

    Is it leagl in Minnesota to do that or are they required to pay you 10 hours if you normally work on the day to holiday falls on? I normally work Mondays and with the upcomming memorial day holiday I have to chose between being short 2 hours or using vacation. My company is open 7 days a week.

    Thank you for any help you can provide.

  • #2
    Very basically, there is one set of rules for Exempt Salaried employees, and a different set of rules for everyone else. Are you 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
      FYI, if you are NOT salaried exempt, then in all 50 states the employer has no legal obligation to pay you for holidays AT ALL.
      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.

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      • #4
        I am paid hourly exempt.

        Thank you for the info so far.

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        • #5
          If you are paid hourly, then unless you are a doctor, lawyer, teacher, or in some other limited professional, you are by definition non-exempt.
          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.

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          • #6
            Originally posted by cbg View Post
            If you are paid hourly, then unless you are a doctor, lawyer, teacher, or in some other limited professional, you are by definition non-exempt.
            Sorry I am not a HR or Employment law professional. That is why I am here asking this question. I get a base hourly pay plus commission.

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            • #7
              Are you saying that you are in sales? Inside or outside?
              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.

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              • #8
                Originally posted by cbg View Post
                Are you saying that you are in sales? Inside or outside?
                Yes I do inbound call center sales. A get a hourly base pay plus a percentage of the revenue I bring in depending on what sales goals I hit.

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                • #9
                  You are non-exempt.

                  Regardless of what state you are in, you have no legal expectation of being paid on holidays. If your employer is paying you 8 hours, that is 8 hours more than the law requires, even if your normal work day is 10 hours.
                  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

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