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Salaried Employee Not Being Paid

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  • 12-10-2012, 09:24 PM
    razm8
    Salaried Employee Not Being Paid
    My question involves employment and labor law for the state of: Illinois

    I am a salaried employee in the state of Illinois. I routinely work between 40 to 60 hours a week. I was sent an email from my employer that he will be shutting down the business for the 2 weeks after christmas due to lack of business with out pay to employees. If I am a salaried employee, can he not pay me? doesnt he have to pay me regardless of hours worked because I am salaried ?
  • 12-10-2012, 09:27 PM
    jk
    Re: Salaried Employee Not Being Paid
    Not if you perform no work for the entire week
  • 12-11-2012, 07:15 AM
    cbg
    Re: Salaried Employee Not Being Paid
    Salaried is only a pay method and has no legal meaning of its own. What matters is exempt and non-exempt.

    If you are salaried non-exempt, then he has no legal obligation to pay you at any time that you do not work.

    If you are salaried exempt, he still has no legal obligation to pay you for any full weeks in which you do no work.

    You can try filing for unemployment - there is probably a waiting week but you might get benefits for the second week.
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