Salaried Exempt Employee – Send Home No Pay

UPDATED: Sep 30, 2022

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Salaried Exempt Employee – Send Home No Pay

Is it legal in the state of Florida if not nationwide to send a salaried
employee home without pay? For example 5 hours of work, 3 hours no work
available. – Thank you in advance.

Asked on February 20, 2017 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If a salaried employee worked *any* part of a day, he or she must be paid for the whole day--it's only if he or she did not work *at all* that day that the employer does not need to pay.
If the salaried employee worked at all but was not paid for the whole day, he or she could contact the department of labor to file a wage and hour complaint, and/or file a lawsuit (e.g. in small claims court) for the money.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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