Salaries Employee

UPDATED: Oct 1, 2022

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Salaries Employee

An employee is on an agreed upon yearly
salary and the owner of the business
advises as of tomorrow the shop will be
closed for two weeks. It’s basically
lack of work for the employee to do. It
has not been a specified if paychecks
will be provided during this time. My
question is, since the employee is paid
an exempt agreed upon salary,legally,
should the employee be paid as he is
willing and able to work? The owner of
the business decided to close for the 2
weeks, no choice of the employee.
State Arizona

Asked on December 13, 2017 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It does not matter if you are ready and willing to work: the law is clear that any day a salaried employee does not work, whether the reason is his/her choice (e.g. taking an unpaid day when there is no or no more PTO), the employer's choice (suspending that employee in particular, or the whole business operation), or due to events beyond either's control (e.g. a fire shutting down the business), the employee does not have to be paid. If you did not work for 2 weeks, they do not have to pay you for those 2 weeks, even if it was their choice: after all, they could terminated you (and other employees) had they chosen and not only not paid you, but not then restarted your employment later.

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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