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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19775
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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If the company policy is no holiday pay first 90 days

Customer Question

If the company policy is no holiday pay for the first 90 days of employment or during the probation period do salaried employees get paid or can it be deducted from their pay?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,
Thank you for the information and your question. The deductions that are allowable from the pay of an exempt employee are very limited. You can see a discussion of the law (which Florida follows), by going to the following link: http://www.dol.gov/elaws/esa/flsa/overtime/cr4.htm
There is no provision for not paying an exempt employee for days that they don't work because the business is closed, for a holiday or otherwise, unless the business is closed the entire week. Then the employer would not have to pay the exempt employee if the did not work the entire week. Otherwise, with the exceptions of those items discussed at the link I provided, there can be no deduction.
Therefore, the employer can either require that the exempt employee work or allow them the day off with full pay.
Please let me know if you need any clarification after reading the guidance at the link I provided.
Customer: replied 1 year ago.
Does it matter if the employee is non-exempt or exempt salaried?
Expert:  Marsha411JD replied 1 year ago.
Yes. Non-exempt would be a completely different issue. In their case, they could be paid minus the time they are off for the holiday. In other words, not paid the holiday pay based on the written policy. It is only exempt workers who are locked in to their salary since they are not entitled to overtime, they get paid the same, other than the listed exceptions, whether they work 30 or 80 hours a week.
Customer: replied 1 year ago.
Just so I am clear, an non-exempt salaried employee does not get holiday pay. Is that correct
Expert:  Marsha411JD replied 1 year ago.
I can't comment on your policy, I can only say that a non-exempt employee's pay is based on actual hours worked. So, as mentioned, if the employer has a policy about holidays, pay or no pay, they can enforce that with an non-exempt employee.
Customer: replied 1 year ago.
but the non-exempt SALARIED employee can be held to the policy if that is what we have?
Expert:  Marsha411JD replied 1 year ago.
It doesn't matter how an employee is paid, the difference is exempt versus non-exempt. Non-exempt are entitled to overtime regardless of being paid a salary and are not entitled to be paid when they do not work. Therefore, the employer may have a policy that reads like yours and applies to non-exempt only employees. For whatever it's worth, it is much easier to pay non-exempt employees on an hourly basis so that is it clear how their pay is calculated for when these situations occur and when they earn overtime.
Expert:  Marsha411JD replied 1 year ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 12th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box, which is how we get credit (paid) for our work) that the customer thinks have gone through. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.