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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16127
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I am a salaried employee living in Tucson, AZ. and have been

Resolved Question:

I am a salaried employee living in Tucson, AZ. and have been told that our company is going to close down four days before the end of the year and that I will not be paid for those furloughed days. When I was hired they had talked about the hourley employees having furlough days but not the salary people is this legal?
Submitted: 11 months ago.
Category: Employment Law
Expert:  wallstreetfighter replied 11 months ago.

wallstreetfighter :

Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.

wallstreetfighter :

will you be working one day during that week?

wallstreetfighter :

Is it only for four days?

wallstreetfighter :

Under the DOL regulations, An employer must pay an exempt employee the full predetermined salary amount “free
and clear” for any week in which the employee performs any work without regard to the
number of days or hours worked. However, there is no requirement that the
predetermined salary be paid if the employee performs no work for an entire workweek.

Customer:

No it'll be four seperate days 11-22, 11-29, 12-20, 12-27 and I will be working rest of week

wallstreetfighter :

In this situation, if you are a salary employee and are required to work the week, an employer must pay an exempt employee their normal
salary for any week in which any work occurs.

wallstreetfighter :

they cannot reduce your check by one day as the reason for the day off is not your own request but the employers decision.

wallstreetfighter :

An employer’s ability to make a deduction when an exempt employee takes time off depends
upon the type of time off and whether the employer wishes to reduce the employee’s
paycheck or subtract accumulated leave time.

o Vacation: For some types of leave, like vacation and other personal time, an exempt employee’s
paycheck or leave can only be reduced if the employee takes a full day off of work.
o Illness: An employer can generally reduce an exempt employee's paycheck only if the
employee takes a full day off due to illness or injury, but can reduce sick leave time for a
partial day absence.
o Other: For other types of leave, such as temporary office closures or absences due to
jury duty or short-term military leave, an employer may only reduce an employee's
paycheck if the employee performs no work for an entire week.

wallstreetfighter :

The law is clear,

wallstreetfighter :

A deduction can only be made from an
exempt employee's paycheck or leave time if the employer shuts down the office or
places the employee on a furlough (and does not permit the employee to do any work)
for a full week.

wallstreetfighter :

You would be able to sue the employer or file a complaint with the State DOL,

wallstreetfighter :

if the employer tries to deduct any salary

Customer:

So if they close the office for those days they don't have to pay me or only if they shut down for the entire week

wallstreetfighter :

They can only deny you salary if they shut down the entire week for a salary exempt employee,

wallstreetfighter :

since this is an employers furlough,

Customer:

Okay thank you very much

wallstreetfighter :

good luck, and if satisfied please provide us with positive feedback, so we can receive credit, thank you

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

if satisfied please provide us with positive feedback, so we can receive credit, thank you

Customer:

One last question will I get a copy of our conversation in my email

wallstreetfighter :

yes, it will be sent to your email and you can print it as well

Customer:

Ok thank you very much

wallstreetfighter :

good luck,

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16127
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 9 other Employment Law Specialists are ready to help you

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