Jack Franklin is an exempt employee working as a systems analyst for the McGuffey Company, a human resources services firm.

Forced Vacation

Jack Franklin is an exempt employee working as a systems analyst for the McGuffey Company, a human resources services firm. Jackcontinually works more than 80 hours in a two-week period. However, due to some graduate classes he is taking, Jack works only 4 hoursduring the day every other Friday. Because Jack has worked less than 8 hours in a given day, the employer forces him to take 4 hours of vacation for each of the days that he worked less than 8 hours during a single day.

The issue from the employee’s perspective is that he should not have to use vacation when taking a couple of hours off during the day. This is particularly true when the time off is to further his education. The employee is clearly an exempt employee in a professional role and puts inmore than enough time working. Jack believes he should be paid for a full day’s work for working less than 8 hours in a day.

The employer’s argument is that there is a department policy stating that every employee must work a minimum of 8 hours during the day.This is an informal policy that is normally adhered to only when needed to please the controller of the company. Additionally, the company hand book states an employee will not be docked pay as long as he or she works a minimum of 4 hours in a day.

Can the company force Jack to use his vacation for the time that he attends classes on Fridays?

Can they reduce his pay if he runs out of vacation time?