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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38911
Experience:  Retired (mostly)
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We are a small medical practice (under 15 staffers) in California

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We are a small medical practice (under 15 staffers) in California (Los Angeles area). The practice owner and lead physician has decided to close the office on Friday July 5, 2013- unpaid. We are already noted to be closed on Thursday July 4, 2013 (paid) in honour of the holiday. The debate is: Friday July 5. Since the office will be closed hourly staff will not be paid for that day (unless they use a PTO day). But what about salaried staff? They will be paid for Monday - Thursday but there is question if we are legally bound/required to pay salaried staff for that full week or just the 4 days and if they want a full week they must use a PTO day. Your advice is greatly appreciated.

Under federal law, a predetermined salary is not subject to reduction “for absences occasioned ... by the operating requirements of the business” (e.g., lack of work). .29 Code Fed. Regs. § 541.602(a).

Salary-exempt employees must be paid their salary, regardless of the closure of the business on an additional day.

Hope this helps.
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Customer: replied 4 years ago.

This helps tremendously. Thank you very much.