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An employee is on an agreed upon yearly
salary and the owner of the business
advises as of tomorrow the shop will be
closed for two weeks. It’s basically
lack of work for the employee to do. It
has not been a specified if paychecks
will be provided during this time. My
question is, since the employee is paid
an exempt agreed upon salary,legally,
should the employee be paid as he is
willing and able to work? The owner of
the business decided to close for the 2
weeks, no choice of the employee.
Asked on December 13, 2017 under Employment Labor Law, Arizona
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
It does not matter if you are ready and willing to work: the law is clear that any day a salaried employee does not work, whether the reason is his/her choice (e.g. taking an unpaid day when there is no or no more PTO), the employer's choice (suspending that employee in particular, or the whole business operation), or due to events beyond either's control (e.g. a fire shutting down the business), the employee does not have to be paid. If you did not work for 2 weeks, they do not have to pay you for those 2 weeks, even if it was their choice: after all, they could terminated you (and other employees) had they chosen and not only not paid you, but not then restarted your employment later.
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