Q:

Is it legal to suspend an employee without pay?

A:

Quick Answer

Suspending an employee without pay is a legal practice in the United States, but several restrictions limit the process. In most cases, employers may only place salaried workers on unpaid suspension if the employee violates a company policy.

Know More
Is it legal to suspend an employee without pay?
Credit: Vico Collective Blend Images Getty Images

Full Answer

The legal rules for unpaid suspensions vary based on the employee's worker classification. According to Nolo, exempt workers receive a weekly salary and are not eligible for overtime pay. These workers must commit a serious infraction of company policy, such as sexual harassment or theft, for an employer to place them on leave. Employers may place non-exempt employees, commonly known as hourly employees, on leave without these circumstances. The Society for Human Resource Management cautions that any suspension that does not follow the standards set by the Fair Labor Standards Act could leave the company open to legal repercussions.

Learn More

Related Questions

  • Q:

    How do you call in sick?

    A:

    The best approach to call in sick is for the employee to call and offer an honest, simple statement that indicates the he is unable to work. Trying to act sick or exaggerate claims of illnesses may raise suspicion even when the worker is sick.

    Full Answer >
    Filed Under:
  • Q:

    How do I write an employee up for a no call/no show?

    A:

    If an employee fails to come to work without valid reason, it may be necessary to take disciplinary action by consulting with your Human Resources manager and creating a formal write up form for the employee to sign. This clarifies the unacceptable behaviors and the consequences of repeating them.

    Full Answer >
    Filed Under:
  • Q:

    Are employees always entitled to lunch breaks?

    A:

    Depending on the state in which an employee works, he may be entitled to a lunch break, although lunch breaks are not mandated under federal law, according to the U.S. Department of Labor. For instance, California is an example of a state where the labor code grants workers meal periods.

    Full Answer >
    Filed Under:
  • Q:

    What is succession planning?

    A:

    Succession planning in a business setting refers to the plans for promotion or personnel changes in the event that an employee retires, resigns or is let go. Succession plans are typically limited to senior leadership or executive positions.

    Full Answer >
    Filed Under:

Explore