holiday schedule hassles

jerzal

I have a few questions. I sent our holiday schedule for 2004 to the ceo for review. in 2003 we were supposed to be off dec 24-25 and dec 31-jan 1. He decided on the 22nd to give everyone the whole time off 24th to the 2nd, paid holidays. :-)
For 2004 he wrote that we would be paid for 2.5 days of the week of Dec 27th-31 and unpaid for 2.5 days.
my questions are:
1. can salaried people be "unpaid" for half a day?
2. can people sign up for partial unemployment for the 2.5 unpaid days?

I am thinking people can just use their vacation days for the 2.5 days anyway, and we'll probably end up with the whole week paid if we make enough $$.

We are a small co, only 5 people, in PA.

Thanks in advance for your advice!

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 01-09-04 AT 04:34PM (CST)[/font][br][br]Assuming your company of 5 perople falls under FLSA, as long as the exempt salaried emplyee did not work that day, yes they can get paid benefits for half a day.

FLSA is concerned with the salary and docking the salary. In your situation, it appears the salaried, exempt employees will not work any part of the week. If the exempt, salaried employee is absent for the full day, the employer could dock the salary for that full day and then could pay benefits or gift that equates to half a day's salary (in essence that is what happens with the employee being absent for a full day anyways when there are full paid vacation or sick days available for use). Under DOL interpretation fringe benefits, such as paid vacation time and sick pay time, and pay that isn't earned from work, isn't part of the salary.

I am not familiar with Pennsylvania wage and hour law, so that I can't speak to that impact on yoru question.

Nor will I address the UI issue.

AJ SPHR

Hatchetman is correct and there is no conflict with state law as far as giving a full day unpaid during a mandatory shutdown provided the exempt employee did not work during the week. Also, you can always sign up for unemployment if it's unpaid time. I let UI figure out if the person qualifies for a partial waiting week.