Legal Question in Employment Law in Virginia
Salaried non-exempt positions
I accepted a positon as a salaried non-exempt employee; but signed a letter of acceptance on a compensation package with a base yearly salary. Now due to a lack of work within the factory the employer is telling me I must take days off without pay or use my vacation days. Does the employer have the right to cut my yearly salary due to lack of work if I hold non-exempt salaried positon? Do they have the right to force me to use my vacation days for such days I am willing to work but they say they do not need me?
1 Answer from Attorneys
Re: Salaried non-exempt positions
Unless you're working under a contract which would prohibit these practices on the part of your employer, the answer is very likely, yes, in my opinion. (The letter of acceptance is almost certainly not such a contract.)
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