Exempt employee reduced week income question.

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Exempt employee reduced week income question.

My husbands place of business is closing the last week of this month, May, and the first week of June. He is taking the 1st week as vacation. The 2nd week the company is calling a reduced pay week where he will get only 3 weeks of pay. They may possibly do this again in July where he’d get 2 weeks of pay. As an exempt employee I understand they can do this if done in week increments as long as he doesn’t work at all during that week but does it not have to be consistant and not based on business being slow? We are in Ct.

Asked on May 18, 2009 under Employment Labor Law, Connecticut

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well...the first place I would check in addition to what you read below is the Connecticut Dept of Labor.  By exempt employee do you mean he is on salary and not hourly?  Is he under contract or is this simply an "at-work" situation?  What does his work manual/handbook state?

http://www.ctdol.state.ct.us/

8. Can my employer cut my pay, reduce my hours or benefits, or change my job duties?

Yes, as long as you are notified in advance of the pay period and in writing. This is covered in the CT General Statute Section 31-71f.

Sec. 31-71f. Employer to furnish employee certain information. Each employer shall: (1) Advise his employees in writing, at the time of hiring, of the rate of remuneration, hours of employment and wage payment schedules, and (2) make available to his employees, either in writing or through a posted notice maintained in a place accessible to his employees, any employment practices and policies or change therein with regard to wages, vacation pay, sick leave, health and welfare benefits and comparable matters.
(1967, P.A. 714, S. 6.)
Cited. 212 C. 294, 303.

May an employer pay employees other than weekly?

Although State law requires a weekly pay within 8 days of the end of the pay period, an employer may write the Wage and Workplace Standards Division for a waiver of this, with the conditions stated in CT General Statutes Section 31-71i.
Sec. 31-71i. Waiver of weekly payment requirement. The commissioner may, upon application, waive the provisions of section 31-71b with respect to any particular week or weeks, and may also, upon application, permit any employer, subject to the provisions of this section, to establish regular pay days less frequently than weekly, provided each employee affected shall be paid in full at least once in each calendar month on a regularly established schedule.
(1967, P.A. 714, S. 9.)
Cited. 212 C. 294, 303.
http://www.ctdol.state.ct.us/wgwkstnd/wage-hour/cmpasst.htm

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