If I’m a salaried employee, are we supposed to get paid even though the CEO told some of the employees not to work although office was open?

UPDATED: Oct 1, 2022

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If I’m a salaried employee, are we supposed to get paid even though the CEO told some of the employees not to work although office was open?

Our CEO this year told everyone that to use your vacations days during 12/24-01/01. However, I have no days left. The company did not shut down; we were still open and the CEO had some of the employees come in and work some days. He was trying to save money I just got my check and only got paid for holidays and 4 days. I get paid every 2 weeks.

Asked on January 10, 2019 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An employer can have employees, even salaried employees, not work on certain days, such as to save money--employers determine when work is done and when a business is open. As a salaried employee, while you must be paid your daily salary for any day you did any work, if there is a day you did no work--including at the employer's direction--they do not need to pay you for that day. So if during that period, you only in fact worked for 4 days, then paying you for only 4 days (and any paid holidays) is legal. On the other hand, if your worked more than 4 days, you should have been paid for every day you worked, and if not, should contact the state department of labor.

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