Working with no-pay because of changing from exempt to non-exempt

I work in Pennsylvania in a very large corporation. The department I work in consists of 23 employees with different titles. All employess are exempt. However, the coroporation has change policy and 2 people will now be considered non-exempt. They will be holding a 2-week pay from the two employees. Is the legal?

1 answer  |  asked Mar 1, 2005 6:32 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
An employer generally cannot withhold pay.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, an employer generally cannot withhold pay from an employee. There are some limited circumstances, such as when an employee owes the employer money, in which such withholding is not illegal. However, those circumstances do not include a change from exempt to non-exempt. I suspect there are more facts to this story, however, based solely on what is in your inquiry, I do not believe that your employer can withhold the wages of the employees who are now non-exempt.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com

posted by Christopher Ezold  |  Mar 2, 2005 08:14 AM [EST]

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