exempt suspension/termination

indivctr

If an exempt employee is suspended, do they still receive a full week's salary for that week even though they only worked 2 days? Also, when they return and are then terminated, how does that work? We are paid bi-weekly so I just had him paid for one week only. Was that correct?

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 12-23-02 AT 01:37PM (CST)[/font][p]Assuming the suspension wasn't for a violation of a major safety rule, if the exempt employee works any part of the week and is suspended DURING the week, then the employee must be paid for the entire week unless other permissible deductions can be done based on the regulations.

You don't have to pay an exempt employee the weekly salary for any week in which he or she performs NO work. Thus, what employers do is suspend an exempt employee in work week increments ensuring that no days are worked in that work week.

On the other hand, if you terminate an exempt employee during a work week in which he or she works, then you only need to pay for the days worked prior to termination and not the entire work week.

Take a look at the Code of Federal Regulations, 29CFR541.118(a)(1) and (5), and .118(c).

[url]http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=29&PART=541&SECTION=118&YEAR=1998&TYPE=TEXT[/url]