Company closure over Holidays

If an employer closes their buisiness for two days over a holiday, are they required to pay their saleried employees for both days? Can they require the employees to use vacation or sick time in order to be payed for the day which is not the actual holiday?

1 answer  |  asked Jan 9, 2002 11:42 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Salaried compensation during holiday closure

Absent a contract of employment, an employer has no obligation to pay an employee who does not perform work, even where the employer does not schedule the employee to work.

The fact that the employer pays the employee on a salaried basis probably means that the employer does not pay the salaried employee overtime. The employer does not lose the salaried exemption from overtime by closing the plant and not scheduling the salaried employee for work, so long as the closure is for a day or more.

Finally, an employer generally can set the terms of vacation and holiday pay, including a requirement that the employee must use the vacation or holiday pay during a mandatory closure.

On the (not very) bright side, if the employer pays the employee nothing (not even vacation), the employee can apply for unemployment compensation benefits. However, the employee must wait seven days before collecting such benefits. This therefore would not benefit an employee laid off for only two days.



posted by Neil Klingshirn  |  Jan 9, 2002 1:24 PM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Contact Neil Klingshirn

Neil Klingshirn
AV rated Super Lawyer and Employment Law Specialist
Independence, OH
Phone: 216-382-2500