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#49124 - 12/17/02 12:29 AM
Closing Early - employee pay
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Anonymous
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I thought I had seen this discussed before, but I could not locate it when I did a search.
If our bank chooses to close early on Christmas Eve, do we have to pay hourly employees for that two hours? Or can we tell them that they will have to use vacation time if they want to be paid for that time off? (we are in Calif)
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#49125 - 12/17/02 01:37 PM
Re: Closing Early - employee pay
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10K Club
Joined: Jul 2001
Posts: 83,371
Galveston, TX
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Unless Calif. is different than the other states I have worked in, you don't have to pay hourly people for the early closing. Kind of Scroogey though..........
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com
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#49126 - 12/17/02 04:22 PM
Re: Closing Early - employee pay
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Anonymous
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Yes, I agree that it is very Scroogy, but I can't tell HR and the President not to do it just because it's not nice. Being the Compliance Officer, I need to have a legal reason why they can't do it, unfortunately. It's making morale pretty low especially since they never give holiday bonus' to the employees either.
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#49127 - 12/17/02 04:38 PM
Re: Closing Early - employee pay
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10K Club
Joined: Jul 2001
Posts: 83,371
Galveston, TX
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Here's what may be a good site for you in California: Legal Aid Society Nothing in the Wage and Hour information would indicate that you have any obligation to pay hourly workers (unless your internal policy states you will).
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com
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#49128 - 12/17/02 04:57 PM
Re: Closing Early - employee pay
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Anonymous
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Do you have any good websites about employment law in Illinois. My wife works for a daycare and is considered a salary employee, but they are closing for three days over the holidays and she was told she will not get paid unless she uses her vacation time. Unfortunately she used her days up before she was told this was going to happen and they will not advance her any days. I think because she is salary she should get paid no matter what. Any insight would be helpful. Thanks! 
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#49129 - 12/17/02 05:26 PM
Re: Closing Early - employee pay
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10K Club
Joined: Jul 2001
Posts: 83,371
Galveston, TX
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Doesn't look like good news - see this site:
Illinois Department of Labor
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com
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#49130 - 12/17/02 09:52 PM
Re: Closing Early - employee pay
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Anonymous
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Thank you! I had reviewed some of the wage and hour laws for California and hadn't really seen an answer, but this helped a little. Need to try to appeal to their heart strings, I guess.
On the question from Illinois...it seems if you are salaried and there's a contract for what your salary would be, they would not be able to dock you like that, but I would have to read more...
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#49131 - 10/23/03 04:05 PM
Re: Closing Early - employee pay
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Anonymous
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Bringing this issue back up; with holidays coming up, I am encountering the same issue.
Can employer force exempt personnel to use vacation time for early clousure days i.e. Christmas Eve and day after Thanksgiving?
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#49132 - 10/23/03 04:42 PM
Re: Closing Early - employee pay
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Platinum Poster
Joined: Sep 2002
Posts: 570
Dallas, Texas
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Quote:
Can employer force exempt personnel to use vacation time for early clousure days i.e. Christmas Eve and day after Thanksgiving?
The answer is yes. With a couple of exceptions which do not apply to banks(i.e. Service Contract Act and Walsh Healy Act - ) there are no federal laws that mandate an employer provide vacation benefits, and few state regulations requiring it. Therefore, the employer is free to provide any type of vacation benefit and the requirements for usage thereof except Military Leave.
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#49134 - 10/25/03 12:14 AM
Re: Closing Early - employee pay
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Joined: Sep 2002
Posts: 570
Dallas, Texas
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Quote:
I am just curious, can they opt out and work their regular hours?
Thatis entirely up to the employer. What does your policy say?
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#49136 - 10/27/03 03:33 PM
Re: Closing Early - employee pay
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Joined: Sep 2002
Posts: 570
Dallas, Texas
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Quote:
Exempt employees? You mean your officers who get paid for a full day even if all they do is show up for half an hour in the morning anyhoo? As an exempt employee I get paid 8 hours if I work 2 and 8 hours if I work 12...how are you going to dock my vacation time for half a day? I'm sincerely confused...
Dawnie, typically this would be an offset accounting function. Although your pay is not reduced for less than 8 hours pay, your accrued vacation account is debited by the amount of hours that you did not actually work. This is a rare occurance because exempt employees are on a fixed salary and often work more than 8 hours a day and the employer recognizes that contribution. However, there are some employers who like to play "scrooge" with this type of benefit.
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#49137 - 10/27/03 05:51 PM
Re: Closing Early - employee pay
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Anonymous
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My employer falls into the scrooge category. Exempts have vacation time deducted, even if they work that period or routinely work extra hours.
Of course, with these policies, you can imagine that few exempts work much past 40 hours per week.
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#49138 - 10/27/03 05:59 PM
Re: Closing Early - employee pay
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10K Club
Joined: Dec 2002
Posts: 40,766
Turnpike Exit 10
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Gee anon, that's just awful. IMHO, I must say, a policy like that is not very encouraging or productive.
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Get your facts first, then you can distort them as you please. - Mark Twain
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I know I would be annoyed if I were told we were closing early for the holiday, and then I got docked for it. 
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