Exempts & Abbreviated Work Days

AZHR

Our company works abbreviated work days on the day after Thanksgiving, Christmas Eve and New Years Eve. These abbreviated days are not considered company holidays. We have always required all employees, including exempts, to use vacation time if they want the full 8 hours of pay for those days. Are we in any kind of danger with the exempts with this requirement? Thanks

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 10-22-03 AT 05:40PM (CST)[/font][p]Since the day after Thanksgiving and the other "day after holidays" are regular work days, even if they are shortened, the exempt employee who wants to be off for the full day for personal reasons (non-illness or disability), may have that day's pay docked from the weekly salary.

The amount of the dock under DOL interpretation is a pro-rated share of the DAY's pay for that week. For example, if the employee normally works five days during the week, then one day's absence may be docked equivalent to one fifth of the weekly salary.

So, you may dock one fifth of the salary even if the day is NOT a full work day. The way I see it then, as a non-lawyer type, since exempts aren't paid by the hour, and docking must occur in full day increments (other than FMLA and public sector), there would be no problem in docking the full day's pay for a full day's absence even though only part of the day would have been worked if the employee had reported to work.

njjel

Out of curiosity, what are the hours your place of business is open on those days?

AZHR

We're open 9am-1pm.

DiDi

Hatchetman's correct. The only time you can clearly, legally make deductions from an exempt employee's wages for less than a full day are for hours taken as intermittent or reduced FMLA leave (and CFRA in California). Paying exempt employees by the hour while on a documented FMLA leave will not affect their exempt status.