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Maryland Salary question

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  • Maryland Salary question

    My daughter holds an administrative position for a high end Salon and day spa. She was recently promoted to a management position and now receives a salary. She does not receive sick days and used her vacation time before she was promoted. Her employer does not pay her if she misses an entire day of work. I thought if she had approved time off she would have to be paid. Otherwise what is the benefit of being on Salary. What are the laws regarding this? Thanks for your input.

  • #2
    If by "salaried", you mean "exempt", if the employer doesn't offer at least 5 sick days per year and she misses a full day sick and she has used up all her vacation time, then her salary cannot be docked. However, if she misses a full day for other personal reasons, the salary can be docked.
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

    Is she comfortable that she meets for criteria for exempt status? I would concentrate on the administrative classification here:
    http://www.dol.gov/esa/regs/complian...a_overview.htm
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Maryland Salary Question

      Thank you for your help. I'll talk with my daughter more about her duties, as I believe she probably doesn't fall under the "administrative" exempt status. I'm just trying to make sure that she is compensated fairly. Again, I appreciate your help.

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      • #4
        You're welcome. Don't forget that with the Administrative exemption, the weekly salary must be at least $455. If less than that, the employees does not meet the criteria for exempt status, even though the duties may meet the requirements.

        We're assuming here that the employer is subject to the FLSA. That means either at least $500K in annual gross revenue OR engagement in interstate commerce (for example, ordering inventory from another state). It's pretty difficult for a company not to be subject, but it's not impossible. If neither of these conditions apply, please post back and I'll check specific Maryland law.
        Last edited by Pattymd; 12-02-2007, 01:25 PM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          BTW, there is nothing in the law that says approved time off must be paid. While an exempt employee can only be docked under certain circumstances, if those circumstances exist it is possible for approved time off to still be unpaid.
          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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