Can an employer deduct a day of pay from a salaried employee if it closes the business for a day?

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Can an employer deduct a day of pay from a salaried employee if it closes the business for a day?

I work as a salaried employee and receive the same amount every month regardless of the number of hours I work (usually 40-45 hours/week). My employer decided to close the business for a day that was it was supposed to be open; it gave me only 3 days notice of such change. This day was subsequently deducted from my pay. Is this actually legal?

Asked on January 28, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, it is legal. While a salaried employee would not lose pay if the business begin the day open but closed early, a business is allowed to not pay salaried employees for entire days that they miss, whether that is due to a business closing or due to an unpaid absence (e.g. the employee was sick and could not work, but had used up or otherwise did not have sick days).


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