Here's the situation. My husband works for a private business who has deemed him as exempt. I'm not sure I agree with their determination since he's not an executive, in administration, a computer techie, works in sales, or qualifies as a professional as described in WHD's Fact sheet #17A. On his last paycheck we noticed that he was docked, from his leave bank, 1 & 1/2 days because the owners closed the business due to an overwhelming amount of snow for our area. If they are correct in his exemption status, under WHD's Fact Sheet #17G, an exempt employee must receive a full week's salary regardless of the number of days or hours worked.
WAC 296-128-532 outlines the improper deductions from salary which says partial days are not permitted...unless it's for a reason permitted by WAC 296-128-533 and that partial days can't be docked from a leave bank unless it is by expressed request by the employee.
WAC 296-128-532 also states that deductions are not permitted for lack of work. Closing the business for snow kind of prohibits customers from coming in, thus no work and how can an employer require an exempt employee to take leave when they chose to close the business for a day? A week, I can understand and the law allows that.
And, there is nothing that we're aware of in an employee's handbook because, although we've asked for a copy, we have never been given one because it's being "rewritten"......for the past 8 years.
Now for my questions..
Am I correct in my interpretations of the law?
Can a private business dock leave with no expressed request by the employee for either partial or full days?
If we believe that the exemption determination is incorrect, what are our next steps? Worker's Right's Complaint and possible litigation for back overtime?
WAC 296-128-532 outlines the improper deductions from salary which says partial days are not permitted...unless it's for a reason permitted by WAC 296-128-533 and that partial days can't be docked from a leave bank unless it is by expressed request by the employee.
WAC 296-128-532 also states that deductions are not permitted for lack of work. Closing the business for snow kind of prohibits customers from coming in, thus no work and how can an employer require an exempt employee to take leave when they chose to close the business for a day? A week, I can understand and the law allows that.
And, there is nothing that we're aware of in an employee's handbook because, although we've asked for a copy, we have never been given one because it's being "rewritten"......for the past 8 years.
Now for my questions..
Am I correct in my interpretations of the law?
Can a private business dock leave with no expressed request by the employee for either partial or full days?
If we believe that the exemption determination is incorrect, what are our next steps? Worker's Right's Complaint and possible litigation for back overtime?
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