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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20401
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Sears Holdings closed down their MAC for Hurricane Irma fro

Customer Question

Sears Holdings closed down their MAC for Hurricane Irma fro 2 days, Sun - Mon 9/11-9/12. Although they reopened the center on Tuesday, 9/12/17, the QA Manager sent out a text to his team stating that we did not have to report to work that day. Upon returning to work on Wednesday, we were told that we would not be paid for Tuesday. Do we have any legal recourse to collect our days pay?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Is the employment agreement "at will," union, full time or part time?
Customer: At will
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 month ago.

Hello,

Thank you for the information and your question. The employees who are non-exempt (paid an hourly wage) are not legally entitled, either under Florida nor Federal law, to be paid for any hours not worked. So, unless the employee uses a paid vacation day or the employer has offered to pay for any time missed due to Irma, or any other shut down, those employees are not entitled to be paid. On the other hand, if the employee is an exempt salaried employee who is not entitled to overtime pay, then the employer must pay them for the missed day since it was not voluntary and not due to a disciplinary issue. That is because exempt employees are paid the same regardless of the number of hours they work, which are usually substantially over 40 hours week.

Please feel to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box on this page of my efforts to provide you with the information you asked for, then the Site will give me credit for assisting you today. Thank you

Expert:  Marsha411JD replied 1 month ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 14th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

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.