Salary employee isn't getting paid for days the company decides to close the office

I'm a salary paid network administrator for a company in IL. My company requires all employees to use a vacation day if they want to get paid when the company decides to close for a day, for example we close the office on Thanksgiving and also the day after. For me to get paid for the day after Thanksgiving I have to take a vacation day. I was always under the impression that if a company chooses to close for the day and the salary employee doesn't have the choice to work the company has to pay him/her. What if any is the law?

Thanks.

3 answers  |  asked Oct 7, 2010 5:40 PM [EST]  |  applies to Illinois

Answers (3)

Ryan Nalley
Actually, I'm sorry, but no, this is not salary; when I read the rest of your post, if they are doing this regularly or randomly and making you use a vacation day that you would not otherwise have to to use, then it is not proper salary.

If you are unable to work because they close the shop on a day when the shop should otherwise be open open, they must still pay you. But if it is a scheduled like thanksgiving it is different.

However, given the facts of your post, you are probably not an exempt employee for reasons other than improper salary as well.

Of, even they paid you a proper salary, that does not make you you exempt.

Sincerely,

Ryan Scott Nalley
105 W. Adams 28th floor
Chicago, Illinois 60603
773-621-6809
attorney@ryannalleylaw.com
http://www.ryannalleylaw.com

posted by Ryan Nalley  |  Oct 22, 2010 11:34 PM [EST]
Ryan Nalley
This is legal for salaried employees.

posted by Ryan Nalley  |  Oct 22, 2010 11:21 PM [EST]
John Otto
I'm not aware of any law that would require the company to pay you if you don't work, even if the reason you don't work is because the office is closed. This might be an argument that you're not really salaried but being paid hourly. What happens if you come in on a weekend, do you get paid for the extra time? What happens if you need to take a sick day, do you get docked or have to take a vacation day? If you're not really salaried, then the company owes you for any overtime.

posted by John Otto  |  Oct 7, 2010 11:33 PM [EST]

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