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    fopar's Avatar
    fopar Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 29, 2008, 07:14 PM
    Laws for salaried employees
    I am a new salaried employee and not quite sure if my employer is allowed to do this.

    Recently my company had a shut down for the holidays. All hourly employees were told they would need to take a vacation day or personal/sick day in order to be paid for the days not covered by holiday pay. Understood, but they then required me to do the same. Since I am salaried I do not have personal/sick days so they required me to burn a vacation day in order to be paid for the day not covered by holiday pay. Do you know if they are allowed to do this? My understanding is that I am salaried exempt and receive the same amount of pay during any month no matter how long or short. Why would the company shutting down for a holiday break impact my pay?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #2

    Dec 29, 2008, 08:41 PM

    You can't expect them to pay for your day off as the company was closed. They were nice enough to pay you for the day if you took a vacation day instead of not being paid for the day at all. Yes, this is perfectly okay to do.
    Wildsporty's Avatar
    Wildsporty Posts: 445, Reputation: 38
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    #3

    Dec 31, 2008, 09:14 AM

    Salaried employees have to be paid by law if the company shuts down for a day for a holiday. The law does not care from which pot they are paid. If the employer pays vacation it is considered a fringe benefit and can be used to pay the salaried employee. If the company shuts down a full day after the holidays and there is no vacation or PTO pay to use the salaried employee still must be paid for the day.

    Shirley
    hontoni's Avatar
    hontoni Posts: 27, Reputation: 2
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    #4

    May 7, 2010, 10:55 AM

    It has always been my experience that if the salaried employee is available, and cannot work because the of something the company did - in this case, they closed - the salaried employee is entitled to his/her normal pay. I would look on the Calinfornia Labor Laws website to verify this.
    aliced's Avatar
    aliced Posts: 3, Reputation: 1
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    #5

    May 10, 2010, 09:42 AM
    As a salaried employee, we are being requested to utilize vacation time during a Holiday shutdown. If we do not have enough vacation time to utilize during this shutdown we have been informed we may borrow from next year. In the past we were allowed to take upaid time off avoiding borrowing from the next year. Now we are being informed that legally salaried employees cannot take unpaid voluntary time off unless it is an emergency.. So where is this legal statement?
    aliced's Avatar
    aliced Posts: 3, Reputation: 1
    New Member
     
    #6

    May 10, 2010, 09:43 AM
    As a salaried employee, we are being requested to utilize vacation time during a Holiday shutdown. If we do not have enough vacation time to utilize during this shutdown we have been informed we may borrow from next year. In the past we were allowed to take upaid time off avoiding borrowing from the next year. Now we are being informed that legally salaried employees cannot take unpaid voluntary time off unless it is an emergency.. So where is this legal statement?

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