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  1. #1
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Should an Exempt Employee be Paid for Mandatory Holidays

    It is your job duties and not how you are paid that determines whether you are an exempt employee. Not all salaried employees are exempt: not all exempt employees are salaried.

    There is no law anywhere in the US, where private employers are concerned, that requires that you ever get a holiday or a paid day off. In many states, including Texas, you could legally be required to work 365 days a year. And while I do not disagree that it is shortsighted, that does not change the law.

    I do, however, see a couple of potential flaws in the employer's policies. Before I go any further with them, could you give me an idea of your job duties?

  2. #2
    Join Date
    Dec 2014
    Posts
    4

    Default Re: Should an Exempt Employee be Paid for Mandatory Holidays

    Quote Quoting cbg
    View Post
    could you give me an idea of your job duties?
    I do a variety of things. I work in the corporate office for a manufacturer. I do things such as account management, market research, bid/proposal preparation, and a little order processing for a few accounts. I have raised concerns to my supervisor, and he assured me that we are salaried exempt (even though the CFO previously told me that I only get paid for the time I work, in defense of why I was not paid on Thanksgiving).

    I'm sure I know what you are getting at and yes - they are considering us salaried exempt (dont get paid overtime) while still deducting from our salaries on days like Thanksgiving, where we are off. Grant it, they only do this for employees who have been there for less than a year, using their terrible benefit policy as justification (paid holidays don't kick in until after a year).

  3. #3
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Should an Exempt Employee be Paid for Mandatory Holidays

    All employees are inherently non-exempt until/unless the employer can support an exception. If you are Exempt (not yet determined), so far based on what you have said, it sounds like the Administrative exception. Which is not impossible, but that is a hard exception for the employer to support. Aside from the basic rules (see below), DOL (generally state) looks at how they have classified similar jobs in the past,
    http://www.dol.gov/whd/regs/complian...nistrative.htm

    Like CBG, assuming you are indeed Exempt Salaried under one of the White Collar exceptions, and subject to the 29 CFR 541.602 Salaried Basis rules, then I have some problems with the employer paying holidays for some Exempt Salaried employees and not others. That is not supported under 541.602. I am not saying that this is a sure thing, but if you were to file a wage claim for a 541.602 violation, I like your chances. Whether you should rock this particular boat while still an employee is yet another issue. The big issue is not the holiday pay per se, but rather the Exempt status and unpaid overtime. However strong the employer's case is for the Administrative Exempt classification playing games with the 541.602 rules weaken that case. My main reaction is the employer is an idiot to open that door.
    http://www.ecfr.gov/cgi-bin/text-idx...e29.3.541_1602

  4. #4
    Join Date
    Dec 2014
    Posts
    4

    Default Re: Should an Exempt Employee be Paid for Mandatory Holidays

    Hey DAWW,

    Thanks for your reply, and Merry Christmas. I really appreciate your feedback. The more that I am looking in to this, the more it seems that there is foul play.

    Just so that I understand your assessment: What is the doubt in your mind concerning this issue? What scenario or circumstance would lead them to be in the right when they both deny overtime and deduct from salary on off days? It sounds like one of your main issues is that they are deducting for days like Thanksgiving from some exempt employees, but not from others. Does their "holiday pay after 1 year" benefit (which was misleadingly communicated to me) protect them in this instance; since they are allowed to deny benefits as they see fit?

    Again, thanks for all of your help with this.

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