FLSA Exemption Status

Is it acceptable to require salaried, exempt employees to take 1 day off per month without pay? My interpretation of the FLSA says "no," but I am being challenged on this issue.

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  • This strikes me as a very loaded question, but at face value, I'd say you'll have a problem to require an exempt employee to take 1 day off per month w/o pay. This assumes you do not have some type of salary agreement that provides for something like 19 days worked per month for a specified amount of money. It would be easier to have the employee work everyday and reduce their rate of pay to achieve your objective. Pay consistency is the issue with exempt people.
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