Mel is it legal to force Exempt Emp. to take Vacation or dock pay for a friday following a holiday

This is the E mail that was sent out, and I would like to know if this is legal to force an employee to take a vacation on a Friday or dock their pay. It is the company that decided to close the facility on Friday the day after the July fourth holiday.

All Salaried Employees:

We are pleased to inform you that the Troy facility will be closed on July 5th to allow employees an opportunity to enjoy a four day Fourth of July holiday. Employees will be paid holiday pay for the fourth of July, and have the following options for Friday, July 5th:
• Elect a .5 or full PTO (formerly vacation) day
• Work a total of 32 hours between Monday, July 1st and Wednesday July 3rd.
• A one-time exception has been approved for salaried non-exempts who do not want to use a .5 or full PTO day, or work the full 32 hours between July 1st an July 3rd, you may elect to take a unpaid .5 or full day for the 5th.

As a reminder, salaried non-exempt employees are paid “current” which means any adjustments to your pay for the holiday week will occur on the following payroll.

Please select an option and notify your Manager of your decision by June 25th.

1 answer  |  asked Jun 19, 2019 06:15 AM [EST]  |  applies to Michigan

Answers (1)

David Blanchard
I think the distinction in this hypothetical is about the difference between salaried-exempt and salaried non-exempt. It is true that for for exempt salaried employees, the employer generally cannot reduce the salary for employer's decision to call a holiday. However, salaried non-exempt are essentially like hourly employees. It is generally permissible to pay non-exempt employees only for hours actually worked, as long as the employer also pays appropriate overtime for work-hours over 40 in a week. This is not legal advice, just generally discussion based on the hypothetical posed. For legal advice on your specific situation and whether you are paid and classified properly, you should meet with an employment rights lawyer.

posted by David Blanchard  |  Jun 19, 2019 10:54 AM [EST]

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