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

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 about HR

Related Questions

  • Q:

    Can my employer refuse to pay my wages?

    A:

    Employers in the United States may not deny or refuse to pay workers their earned wages. The process for recouping these wages may vary from state to state, but the U.S. Department of Labor does provide assistance for this issue.

    Full Answer >
    Filed Under:
  • Q:

    What is the length of the average payroll pay period?

    A:

    The most common length of pay periods in the United States is semi-monthly. This means that employees are paid at least twice each month. When adopting the semi-monthly pay period model, employers may choose to pay workers on alternating Fridays, or on set days each month.

    Full Answer >
    Filed Under:
  • Q:

    What is an employee survey?

    A:

    An employee survey is a method to gain feedback from employees on job satisfaction, engagement, morale and overall performance. The survey asks specific questions in each area to gauge the general feeling in the workplace with the purpose of making changes to improve the work environment.

    Full Answer >
    Filed Under:
  • Q:

    What is employee appraisal?

    A:

    Employee appraisal or performance appraisal is a human resource management concept that refers to a formal evaluation of employee performance against benchmark organizational goals and objectives. It may refer to appraisal of an employee either individually or in group.

    Full Answer >
    Filed Under:

Explore