If there is a mandatory evacuation do I still get paid as a salary employee?

I am a salary employee. I worked 1 day
of the work week due to a mandatory
evacuation and state of emergencies. Can
they dock my pay. I am in south Carolina

Asked on September 18, 2018 under Employment Labor Law, South Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A salaried employee must be pad for the days that they work; they don't need to be paid for the days that they do not work. Accordingly, if you worked for ony 1 day out of 5, you need to be paid for the day that you worked but legally you don't have to be paid for the 4 days that you were off, absent a union agreement or employment contract to the contrary.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Salaried employees need to be paid their day's share of salary (e.g. one-fifth of their weekly salary) any day they work any time at all. BUT the employer does not need to pay them for any days they don't work at all (unless they use paid time off, like vacation days). It doesn't matter if the reason you did not/could not work was your choice, a hurricane, a government  order, etc.--you don't have to be paid for not working. So if you worked 1 day, they need to pay you for that day--but don't have to pay you for the other 4.

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