Exempt Employee - out of PTO

Shara

Our administrative team has recently been asking employees to take time off due to slow business in the summer months. Generally, this affects our non-exempt employees, but administration has asked exempt employees to do this as well. Last week, one of our managers asked her exempt employee to take off on Friday. However, this employee is out of PTO. Payroll has asked me if she should not be paid for Friday. Since she was asked to take off by administration and it wasn't her choice to take off, I'm not sure if that's something that we can do or not. It seems like such a simple answer - I'm inclined to say we need to pay her, but I thought I'd check to see if any of you have encountered this before.

Thanks for your help!

System

Shara,

You are right--this is not a permissible deduction. If you make this deduction you will put the exempt status of these employees in jeopardy. You may not deduct from the pay of an exempt salaried employee based upon lack of work, unless they miss an entire workweek.

Thanks,

Kara Shea

(TN Employment Law Letter co-editor).

Shara

Thank you, Kara!