Company remains open for business

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1. If during a snowstorm a company remains open for business, can the employer deduct from the pay of salaried employees who do not come to work without jeopardizing their exempt status? If the employer closes its offices due to the storm, can salaried employees be required to use paid time off (e.g., vacation) to cover the day? (Michael R. Triplett. "DOL Gives Advice on Salary Deductions for Weather-Related Absences, Closures." Daily Labor Report 218 (November 14, 2005), A-8)

2. A woman worked for a manufacturing company as a "tool crib attendant." She had worked for the company for several years and received a number of raises. A man who worked at the plant as a security guard was hired to be the tool crib at- tendant on the third shift. He was paid $7.75/hr.

The HR manager attributed the pay level to the man's "computer skills and his potential." The man had a bachelor's degree in anthropology and master's degrees in education and urban plan- ning. The woman had a high school diploma.

The tool crib attendant job did involve some work with computers, and it was acknowledged that the man's computer skills were superior to those of the woman. However, there was also evidence that another female who had taken computer classes and who had clearly indicated her interest in the job was not even considered for the position. Has the employer violated the Equal Pay Act? Why or why not? (Warren v. Solo Cup Co., 516 F.3d 627 (7th Cir. 2008))

Reference no: EM131006886

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