Salary exempt employee
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Salary exempt employee
I am salary exempt. I worked from home on
work desktop but employee stated they would
pay me that day from my accrued vacation
hours because Even though you worked, you
werent in the office so we are going to use
your accrued vacation time.
Is that within legal rights for a salaried exempt
employee?
Asked on April 4, 2018 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, it is not legal. If a salaried exempt employee does any work from any location he must be paid for that day (i.e. gets his salary for the day) and may not be charged a vacation or other PTO day. Only if no work was done would PTO be used.
If the employer doesn't like you working at home or if you worked from home against instructions or policy (i.e. you were supposed to work on-site), they could demote you, suspend you, terminate you, etc.--you may be disciplined. But you must be paid your salary, not from your PTO, for having done the work.
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