Legal Question in Employment Law in Florida
holiday pay and exempt employee
My husband has worked as an ''exempt'' employee for just under a year.Recently, his checks have been varying in amounts less than his salary.When he inquires about it he is told that the new payroll company messed something up,or that since he is not yet employed a year, he won't be paid for holidays (Thanksgiving, Christmas,New Years).He was not deducted for federal holidays earlier in the year, and of course, he is not compensated for all the hours he works overtime.(He does have to submit a record of all the hours he's worked each week)I want to know if it's legal for his employer to do this? My husband fears losing his job if he questions too much about it. Thanks for your help.
2 Answers from Attorneys
Re: holiday pay and exempt employee
It will all depend upon a number of factors, including your husband is "really" exempt. I suggest you or your husband consults with an attorney. Our firm offers consultations via the Internet for a very nominal fee. If interested, please e-mail us at [email protected]
Re: holiday pay and exempt employee
Well, your husband has alot going on. He really needs to speak with an attorney about this-real soon.
A simple answer is that the law requires that he is at least paid minimum wage for the hours that he worked. In addition, depending on if he is truly exempted or not, would determine if he is entitled to overtime wages once he has worked over 40 hours in a work week.
As to the holiday pay, there is no law requiring an employer to pay for holidays if not worked-- so it would depend on the company policy.
As to losing his job-- there are laws that punish the employer for retaliating against an employee solely because the employee invoked his or her rights under Fl. and Federal laws.
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