[MA] Can my employer deduct vacation days if I'm salaried?
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I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask, because this law stuff can get complicated.
Generally, the law doesn't require them to pay you for that day. The law says that even if you are a solid employee, it does not require your employer to pay you for those days off if you did not work that day. There, the law would require that she specifically have a policy that states what days you're going to be paid if you don't work. Usually, any days that you don't work are going to be covered by a paid time off policy that you have.
So in this case, if it wasn't clear that they were going to pay this, and there was no clear paid time off policy on this, it was legal.
I'm so sorry. Does that help clarify things? I want to make sure I didn’t leave anything out.
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I live and work in Massachusetts. My employer deducted 8 hours from my paycheck because we were closed for Memorial Day, but I am salaried/exempt. Is this legal?
I understand your concern. Were you given any prior notice about this deduction from your paycheck?
Not quite, they posted a notice one week prior which said “exempt employees will receive holiday pay in compliance with state and federal wage and hour laws.”
Have there been any similar instances where your employer has made deductions from your salary for holidays in the past?
No, I’ve only been there 3 months. The notice they posted also said employees are eligible for holiday pay only after completing an introductory period of 6 months. I’m confused on why this even applies to me because I’m guaranteed a yearly salary.
Is there anything else the employment lawyer should know before I connect you? Rest assured they'll be able to help with your salary deduction issue.
Yes
Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation!
Do they offer that day as a paid day off?
Legal Eagle! I love you guys! Thanks so much for helping me.
My offer letter says I’m “eligible for paid days off and select holidays, subject to the successful completion of your probationary period.”
It doesn’t specify which holidays exactly, though.
Ok thank you so much for including that! Did management ever suggest this day was paid and did anyone else get deducted?
They posted notices that were rather ambiguous about exempt employees, and they deducted the same 8 hours from another exempt employee who has worked there 2 years. They also took a vacation day from a non-exempt employee without asking who’s been there almost 3 years.
Understood! So you're just wondering what your rights are here, correct? Also, I really appreciate you using AskaLawyer — it means a lot to be able to help. Let’s make this a smooth session for you, and you can add me as a favorite after we're done.
Yes, I’m figuring out my rights, that’s correct. This whole wage situation seems scummy and underhanded.
Ok! Did you need to tell me anything else? If not, I can start with answering your question
Nothing else to add on the employment situation.
Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?
No problem, take your time :)
I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask, because this law stuff can get complicated.
Generally, the law doesn't require them to pay you for that day. The law says that even if you are a solid employee, it does not require your employer to pay you for those days off if you did not work that day. There, the law would require that she specifically have a policy that states what days you're going to be paid if you don't work. Usually, any days that you don't work are going to be covered by a paid time off policy that you have.
So in this case, if it wasn't clear that they were going to pay this, and there was no clear paid time off policy on this, it was legal.
I'm so sorry. Does that help clarify things? I want to make sure I didn’t leave anything out.
That answers the question, thank you!
Sounds like I need to start searching for another job. Things have gotten toxic in that workplace pretty fast.
I'm very sorry about that! I want to ensure you feel completely satisfied with our conversation.
Were there any details I missed? Did you have any concerns about this issue that still need to be addressed? I'm happy to help.
I do wonder though, if their offer letter specifically states the yearly salary I am entitled to, how can they deduct from it because there’s a holiday where I don’t have a choice on whether I want to work or not?
That’s where I’m struggling to make sense of all of this.
I should add that they specifically said (in all caps) I am forbidden to speak to anyone but the company owner or his wife about my wages/compensation.
I hear you. So that yearly salary is just going to be based on the assumption that you work every single day. For example, if you quit for a fire before the year is up, you don't get paid that salary. If there is a day that you would normally work, but you don't work that day, or they can remove that from your wage for that week.
The problem is that even if you never had the choice to work that day, they don't have to pay you for that day. They only pay for the days that you actually work. Being salaried means that if you work something like a half day, you are still paid the whole day, unlike an hourly employee.
So if your regular schedule is Monday through Friday, for example, and if you just don't work one of those days, and it's not a paid day off, and there is no PTO, they can deduct for that day. It sucks and it's bad communication, and unusual; however, it is legal and I'm so sorry.
Thank you for the information and sympathy, it does suck but it’s not your fault.
I'm so sorry about that! I want to ensure you feel completely satisfied with our conversation. Were there any details I missed? Did you have any concerns about this issue that still need to be addressed? I'm happy to help.
No details missed, I’m satisfied with the answer you’re able to provide. I’ll probably be back with more questions on Monday, but for the time being that’s all. Thanks again!
You bet.
