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Under federal and state law, exempt employees, who often include salaried and/or supervisory personnel, are entitled to be paid their full salary for any workweek in which they are ready, willing and able to work. Exempt employees must receive their full salary for any week in which they perform any work, without regard to the number of days or hours worked. Exempt employees who do not receive a full salary for any week in which they perform work lose their exempt status and are entitled to overtime pay.
The Washington Employers Association, a business group dedicated to promoting the rights of employers, notes that its wise to review your pay policies to ensure that exempt employees are not subject to improper pay deductions, paying particular attention to the following areas:
Sick Leave: Exempt employees who leave work early because of illness, injury or for a medical or business appointment must be paid for the full day. Their sick leave account may not be docked. You may only dock sick leave accounts for full day absences.
Vacation Leave: Exempt employees who leave work early to start a vacation must be paid for the full day. Their vacation account may not be docked. Remember, allowing employees to leave work early under these circumstances is always at the employers discretion.
Military Duty: Exempt employees on reserve duty who are only gone less than one week must be paid for the entire week in which they are absent. The Employer is only obligated to pay the difference between the employees military pay and their regular pay, should the military pay be a lesser amount.
Jury Duty: Exempt employees called to jury duty in less than one week increments must be paid for the full week. The employer is obligated to pay the difference between the employees jury pay and their regular pay.
Plant Shutdowns: Work furloughs in which the employer requests an exempt employee to work a reduced workweek for reduced pay is not permissible. Employers may, however, dock an exempt employees pay for any full week in which the employee performs no work.
Inclement Weather: When an employer closes the office due to bad weather, exempt employees must be paid for the time missed, unless the office is shut down for a full workweek. However, if the offices remain open during bad weather and an exempt employee does not report to work for any part of the day, he or she can be docked a full days pay for a full day missed.
Family and Medical Leave Act (FMLA Leave): The Family and Medical Leave Act allow eligible employees to take intermittent leave in less than one-day increments. Should an exempt employee ask for intermittent leave, the Employer may deduct partial day absences from any accrued leave account or provide unpaid leave without jeopardizing the employees exempt status.
For more information, call the Washington Employers Association at (206) 329-1120. |