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Unpaid days in Texas

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  • Unpaid days in Texas

    The shop where my fiance works will be closed on the Friday after Thanksgiving as well as the Monday after Christmas this year. Both days he is required not to come in but the two days are unpaid. Is it legal in Texas to close up the business on a regular weekday and then not pay the employees for them?

  • #2
    Is it legal in Texas to close up the business on a regular weekday and then not pay the employees for them? Assuming your boyfriend is a non-exempt (hourly paid) employee, it's legal in every State.

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    • #3
      It is legal in Texas, and in all other states, too, for an employer to decide to close the business for whatever days they choose, regardless of whether they are weekdays or weekends.

      Whether the employees must be paid, however, depends on whether they are exempt or non-exempt. If your fiance is non-exempt, the employer does not have to pay him for any time he does not work, regardless of whose idea it was. If he is exempt, however, he must be paid for that time.

      In either case, your fiance may request OR the employer may require that he use vacation time to cover the gap.
      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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