If your an exempt salaried employee and your office closes for the week, is yout employer permitted to not pay you for that time?

What if you are required to answer the company cell phone during that time?

Asked on July 14, 2015 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, your employer does not need to pay you, even if you are exempt salaried employee, for a week the office is closed. Arguably, if you answered so many calls or spent so long on the phone, that on certain given days you could be deemed to have worked that day (or a reasonable part thereof), you should be paid for those days, but it would require alot of work to meet this standard; merely answering some short calls would not entitle you to pay. Look at it this way: maybe you worked a little without being paid; on the other hand, there are probably weeks you were less productive at work, or spent time on personal projects, chores, correspondence, etc. at work, or came in a little late or took slightly long lunchs or left early, and yet you still received your standard pay for less work. It all tends to "wash out" in the end if you are salaried exempt.


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