Holiday pay deducted for exempt employee

UPDATED: Oct 1, 2022

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Holiday pay deducted for exempt employee

I had been working at a company three weeks prior to the Christmas Holiday. The company has in their policy holiday pay starts after first 30 days. I am a salary exempt employee and worked two days shy of the 30 days and worked the week of the holiday. They deducted the two company holidays from my paycheck. As an exempt salary employee can they deduct my pay even with their policy statement? Does it follow the exempt employee rules?

Asked on February 18, 2018 under Employment Labor Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Did you actually work those two days? If you did not. they did not have to pay you for them. An exempt salaried employee does not lose pay for missing hours in a day, so long as he works any time that day; but he does not have to be paid if he does not work at all during a day. Say that you normally work 5 days per week (e.g. M-F); your weekly salary is based on 5  days. So if, for example, you only work 3 days one week, they only have to pay you 3/5 of your salary that week. Being salaried exempt does not mean being paid for days you do not work.

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