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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
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Experience:  Employment/Labor Law Litigation
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I took a vacation in march, I am a salaried employee, when

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I took a vacation in march, I am a salaried employee, when I left for that week, I already had 40+ hours in, my company still made me take 2 days of vacation, and I did not get paid anymore then I would have normally, but still got charged 2 days of vacation. Is that legal

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.


Yes, it is legal. When you are salaried, how many hours that you've worked in a week is entirely irrelevant.


If you were absent for two days, they can legally charge you two days of vacation even if you'd already worked 80 hours that week.


This is mainly because, when the FSLA was written many years ago, vacation was simply not something that was commonly given by employers, so the laws simply never contemplated how vacation would be dealt with by the law. Regrettably, no change has been made in the decades since the law's inception, so it is still done in this fashion.



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