Friday, July 01, 2011

When furloughs turned illegal: if you are salaried exempt, and work any part of the week, you are due one full week of pay.

The FLSA [federal Fair Labor Standards Act] requires companies to pay exempt, salaried employees a full week for any portion of the week worked.  If the company imposes a furlough of one or more days off per work week, it runs afoul of this wage payment rule.  The problem is exacerbated if the company requires employees to reduce their bank of accrued vacation time for days involuntarily imposed as "vacation days" rather than "furlough" days, as such.  They are then basically depriving the employee of both one day's wages for the "earned" work week, and the day of vacation.  

If you have had this happen to you, or anticipate it happening, contact this office to discuss a possible class action case for all employees who are similarly affected.