Human Resources/Salary employee

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Question
If I have a salary employee that did not work a full week do I have to pay him for a full weeks salary.  He only worked one day of the week.

Answer
Karrie,

I'm sorry for my delay in response- typically it is only a day or two...

In any case, salaries should not be adjusted for lack of work , performance, punishment, etc...  Wage and hour laws will allow salaries to be adjusted in very limited situations such as :
1- during the first week of partial salary due to a new job,
2- same as #1 but for the last week of employment when leaving a job
3- if a WRITTEN  policy exists for using vacation/ PTO/ sick, etc and the employee used ALL their allotted / accrued unworked paid time, then takes off MORE time, the company may shorten the salary in whole day increments only,  not hours or half days.


To explain #3, assume Joe worked 5 days a week and has only 16 hours of vacation.  He takes off 3 days  ( 8 hours each),  He would be paid as such:
2 salary days,  2 vacation days.  1 unpaid day.

BUT--   with exempt salaries, it is important to realize salary is paid by the DAY.  So, on that 3rd day he took off and had NO time available,  if he worked from home for 10 minutes, or called to check messages or answer questions , then he "worked"  that day and as such MUST BE PAID  for that day although he did not work the whole day.   ANY work counts as having worked the whole day.

So, your question comes down to whether you had a written policy on using vacation against salary.   If you have NO WRITTEN policy, then just pay the guy and learn the lesson on having a policy to address this.  You may need to have an employee manual written or designed for you-- can be done my many companies ( I also do them affordibly for clients)

I hope this helps.   I am away for a week and not returning till August 28th just FYI in case you had a follow up.

Good luck and I hope this got you closer to your answer.

Brian Phillips

Human Resources

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Brian Phillips

Expertise

Foreign and US university students -*PLEASE*- DO NOT waste your time asking for my opinions, comments or analysis of your homework questions. Homework questions are not answered and are rejected. I am happy to help answer questions asked by employees and employers regarding United States based state and Federal wage and hour, OT, Fair labor standards, FMLA, COBRA, Recruiting, Interviewing techniques, employee manuals, discipline, terminations/quits, unemployment, HRIS rollout, Employee Leasing or Staffing company cost analysis, day to day scenarios, work situations and more. Essentially a well rounded HR generalist who operates Harvis, Inc., a human resource consulting and service business based in Northeastern Pennsylvania "NEPA". http://www.harvis.org

Experience

At Harvis, Inc., we provide Human Resource products, services and advice to small businesses that may not have the time or resources to hire a full time HR department. For larger companies with HR managers in place, we compliment their expertise to help with time consuming or time sensitive projects like updating policy manuals, screening and interviewing and more. We make workplaces better by becoming that 1/2 person they need to help handle HR responsibilities on a daily, weekly or monthly basis. Formerly responsible for all Human Resource activity for a staffing agency with 2,500 annual employees as well as an employee leasing / PEO business with 1,500 annual employees. Designed and implemented the HR structure to support hundreds of clients in excess of $ 500 million in payroll volume over career in Human Resources.

Organizations
* President 2006- Harvis Inc. HR Services * President 2010-13 Business Association of the Greater Shickshinny Area - Shickshinny PA * President 2013- ShickshinnyForward Not for Profit Community Long Term Revitalization Organization and former member of varios Chambers of Commerce and HR Taskforce, former President of NBC Business Club 2 years

Education/Credentials
Bloomsburg University - 1993 BS Marketing, Bloomsburg Pennsylvania and Luzerne County Community College - 1991 Business Administration, Nanticoke Pennsylvania

Awards and Honors
* Better than average - 20/10 vision * Bestowed with an occasional "Thank You" from clients and their employees.

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