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I'm taking a day off. My boss expects me to check email from home. If I answer emails from home or take a call during my day off, do I have to count this as a day off since I've actually worked?

I am salaried exempt.

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  • I am salary exempt Nov 30, 2015 at 16:02
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    Possible duplicate: Does an exempt employee spend time-off if they're called in during?
    – David K
    Nov 30, 2015 at 16:28
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    Voted to reopen: this is a common question and has a perfectly valid answer given basic knowledge of the US' employment laws (exempt versus non-exempt status). Any manager or HR staffer should be aware of this concept which makes this on-topic.
    – Lilienthal
    Nov 30, 2015 at 16:34
  • It may be valid, but it's also a duplicate (although there is a better answer here than any of the ones on the original). I suggest closing this and suggesting that the answer be posted on the original question. Nov 30, 2015 at 16:57
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    @DJClayworth a dupe is not necessary restricted for a question older than other. If a question is better, and has higher quality answer, even though it were asked before other, that post should be left open, and the lower-quality one made dupe. The answer was made here and answered this specific setup (although similar), moving it may not be so easy.
    – DarkCygnus
    Nov 14, 2017 at 21:27

1 Answer 1

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If you're expected to check e-mails, then it's not a day off and you need to be paid.

As this article from the Law Office of Kristine A. Sova explains (emphasis added):

...the reality is that technological tools, both company-issued and personal, have increased employee accessibility, especially when off site or after hours. This increased accessibility in turn increases the possibility that employees are performing off-the-clock work that should be paid. And, work that arguably should be paid, but isn’t, creates an avenue for employees to assert unpaid wage claims against their employers.

How can this be? Through five magic words: “suffer or permit to work.”

“Suffer or permit to work” means that if an employer requires or allows employees to work, the time spent is generally hours worked, and must be paid. The result is that time spent doing work not requested by the employer, but still allowed, is generally hours worked, if the employer knows or has reason to believe that the employees are continuing to work and the employer is benefiting from the work being done.

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  • +1. I was going to answer but the question is currently on hold and you've mentioned the basics. Check my answer here for more details on exempt versus non-exempt status. Note that the question of if and how this time worked impacts OP's PTO is off-topic.
    – Lilienthal
    Nov 30, 2015 at 16:35
  • This is actually a duplicate question. Can i suggest posting this answer on the original question? Nov 30, 2015 at 16:59

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