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Employment Law/salary employees

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Question
if a employee on salary works first three days of the week and you suspend them Thursday and Friday by law do you have to pay them for the two days you suspend them for? I am in North Carolina
thanks.

Answer
Zeke - It depends on whether the salaried employee is exempt or not.  Salaried exempt employees can only have their paychecks reduced due to work suspensions if there is at least a full day disciplinary suspension for violation of workplace conduct rules and the suspension is pursuant to a written company policy applicable to all employees. That's according to the federal Fair Labor Standards Act(FLSA).

If the employee is not exempt, i.e., is required to receive overtime for hours worked over forty in a work week, then there is no requirement that the employee be paid for days not worked.

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Margaret M. deMarteleire

Expertise

I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.

Experience

Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Education/Credentials
Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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