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Salaried Emp only getting 1/2 pay for unrequested time off Texas

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  • Salaried Emp only getting 1/2 pay for unrequested time off Texas

    I'm a salaried employee for a small, family owned company. The owner is closing the office for a week after Christmas. She informed me that her CPA instructed her that she could not just pay salaried employees and not pay hourly. If she paid one, she'd have to pay all of us. So, she decided to pay all of us, but she informed me that she would only pay half of my salary. By law, is she required to pay me full salary? Is what her CPA told her true? Afterall, this is not time that I requested off. Anxiously awaiting your response!
    Thanks!

  • #2
    Her CPA is wrong.

    Salaried is only a pay method and means nothing in and of itself. What matters is exempt and non-exempt. Either exempt or non-exempt can be salaried; some limited exempt positions can be paid on an hourly basis. It is the job duties (not the title, not the pay method, but the duties of the job) that determines if you are exempt or non-exempt.

    It is NOT illegal under any law for exempt and non-exempt employees to be paid differently. With limited exceptions, a non-exempt employee never has any legal expectation of being paid when they do not work. With limited exceptions, an exempt employee cannot be docked pay for any week in which they do any work. There are six reasons for which an exempt employee can have their pay docked, but none of them are "the employer decided to close for the day". So if an exempt employee worked ANY PART of the work week, they would have to be paid their full salary for the entire week, whereas non-exempt employees would only have to be paid for the work that was done.

    HOWEVER. If the office is closed for an ENTIRE WORK WEEK, then neither exempt nor non-exempt employees have to be paid. If that is the case, then half-pay is more than you would be entitled to under the law.
    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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    • #3
      thanks super moderator CBG! btw, what's your occupation if you don't mind me asking. Just like to know from whom i'm getting my information from. Are you a "reliable source". I didn't read the fine print when i signed up, I was just looking for answers. Sounds reliable enough. The boss lady actually asked me to find the information out. She didn't want to be "breaking any laws". Thanks!

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      • #4
        I'm a human resources consultant of almost 30 years experience.
        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


        • #5
          FYI, here is the federal regulation regarding "salary basis" for exempt employees.
          http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

          Thinking a little bit more about this, though, if you are exempt, would 1/2 your weekly salary be at least $455?
          Last edited by Pattymd; 12-12-2008, 04:26 AM.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Patty, if they didn't do any work at all, would it matter?
            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


            • #7
              Sorry, cbg, did I miss that? No, it wouldn't.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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