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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110470
Experience:  20+ Years of Employment Law Experience
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I am in the army national guard and i work a full time job.

Customer Question

I am in the army national guard and i work a full time job. i have been in this industry for 16+ years and never once had an employer go without paying me a 40 hr straight time check. i was called out and put on Active duty orders Jan 2-22 of 2016. like always i put in a regular straight time (no OT) check and was approved by my supervisor. now after 30-40 days Cheniere LNG is saying that policy has changed and they don't pay that anymore but will just make up the difference. so for the month of March i was shorted $2800 from my checks for the month for them to get their money back. as a Veteran and still serving while doing my job also i have to say i feel little bit disrespected they would do this. can they pay me then take it back???
Submitted: 6 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid USERRA does not require an employer to pay you for time not worked due to active duty. Paying an employee when they are on active duty is a policy that is up to the employer. So if the employer chooses to not pay the employee when they go on active duty, they may have such a rule. If you were an exempt employee under the Fair Labor Standards Act (FLSA) overtime rules, then the employer is not permitted to make a deduction for a part of a pay period missed because of temporary military leave. However, for an hourly employee, the employer does not have to pay any pay during your active duty, they just have to give you the time off and reemploy you when you return.

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