Legal Question in Employment Law in California
unpaid day off
The medical office I work in will be closed on Thanksgiving day 11/24/05, it will also be closed on friday 11/25/05. It will not be a payed day off (unless employee has worked long enough to have earned a payed day off) I have only been there five months, so I haven't earned a day off yet. My question is: is it legal to close the office and not pay your employess? I don't have the choice to come to work on the 25th seeing as how the office is closed. I was under the impression if an office closes for a holiday they have to pay you or give you the chance to work. Thankyou
1 Answer from Attorneys
Re: unpaid day off
The answer to this question depends upon your exempt/non-exempt status. If you are an exempt employee, usually characterized by a specified salary for a period of time and no overtime pay, then the employer must pay you for the entire week, as long as you performed some work during the period. Working for the three days prior to Thanksgiving would entitle an exempt employee to the full week of pay, regardless of whether the office was closed.
On the other hand, if you are a non-exempt employee (sometimes called "hourly" and paid for overtime) you would not be entitled to pay if you do not work. There is no requirement that an employer keep an office open so that non-exempt employees can work. Unfortunately, the result is that non-exempt employees who haven't earned vacation or other paid time off may lose a day's wages when an office is closed.