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  1. #1
    Join Date
    Dec 2014
    Posts
    4

    Default Should an Exempt Employee be Paid for Mandatory Holidays

    My question involves employment and labor law for the state of: TX

    Prior to accepting the position, I was informed via email that I would have a 3 month trial period. The email reads "After the 3 month trial period, you will be a full time salaried employee" "Full time salaried employees are offered the following benefits: Health insurance, 401k, Paid Holidays," etc.

    After my 3 month review, when becoming a full time salaried employee, I was delivered a piece of paper concerning benefits. This paper said that some of the benefits, INCLUDING paid holidays, would only kick in after 1 year (I had never heard of this). I was immediately uneasy at the misleading manor in which I was informed about benefits.

    I received an email from our HR lady that outlined the Holiday schedule. It says that we are off on Thanksgiving, Christmas Day, and New Years Day. However, I just received a pay check that shows that I was not paid for Thanksgiving. I asked if this was an error, and was told that it was correct and due to our paid holiday policy not kicking in until one year. I pointed out the absurdity of this, but am being told that this is correct and how the policy is intended to operate.

    Here is my main issue with this:

    - If I work every day except those where we are listed as "off", and never take a PTO (which I don't have anyways), I still won't make my salary due to the holiday deductions. I pointed this out to my supervisor, and told him that my salary cannot be deducted for occasions of employer absence - such as a holiday. The response that I received was that our manufacturing facilities in China are not closed that day, and that if I wanted to, I could have come in to the office and worked. I tried to pin him down on this by asking "So we are expected to work on Thanksgiving, Christmas, and New Years Day?" His response was that "It is optional but available to you".

    Here are my questions:

    1) Is this legal? We don't get overtime, so are definitely salaried exempt. After one year, we have 5 paid holidays per year which are listed out. HR sent an email saying that we are off on Thanksgiving and Christmas. Yet, in spite of this, it is an implied expectation that in order to earn my quoted salary, I will have to work on those days.


    2) Is it legal to give a salaried employee absolutely 0 days off for an entire year? As it stands now, assuming the implication in #1, I have 0 holidays, 0 vacation days, and 0 sick days until after one year of employment here. I know that the US doesn't have a whole bunch of mandates in this regard, but is there something that prevents this type of situation?


    As it stands now, my supervisor is "looking in to everything" but won't be able to make changes immediately. I made him confirm that this means that no matter what they decide on this issue, I will not be receiving pay for Christmas or New years day.

    Any input, advice, or knowledge that you can provide to me would be greatly appreciated. I am sorry things got a bit long-winded here, I just wanted to not leave anything out. Feel free to ask questions if you have them, and thanks in advance.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

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

    Other than paying you minimum wage, the employer is free to set limitations on any other employee benefits.

    Keep pushing this and you'll probably end up on the unemployment line.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

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

    They have to pay you, they can deduct any leave time that they provide in the process.
    Yes, it is legal not to give any days off.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

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

    I agree with everybody else. However, I think that your employer is being very shortsighted. They won't keep employees who have the option to go elsewhere with those kinds of policies. I suggest that you start looking for another job, and once you find one, leave them behind.

  5. #5
    Join Date
    Dec 2014
    Posts
    4

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

    Thanks for all your responses. You're right, they are being very short sighted and they will learn the hard way. Most companies give Christmas bonuses, and this company is making it the worst time of the year in terms of income. I have no clue how they can't see this as detrimental even in spite of my protests. This is the sleaziest thing I have ever seen in terms of a loophole. They found a way to deny overtime, deduct holidays like Christmas from my salary, and deduct any absences I have from my salary for a year (no PTO or even sick days) - well done.

  6. #6
    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?

  7. #7
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

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

    Quote Quoting holidaypay
    View Post
    ...Most companies give Christmas bonuses...
    Actually most companies don't. I have done extensive research on this and the companies that give Christmas bonuses are in a definite minority. In addition, many of those companies (i.e., the minority that give Christmas bonuses) give said bonuses only to senior-level staff. Off topic, I know, just correcting a misconception.

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