Fisher Phillips Attorneys Discuss Navigating Unpaid Leave During Investigations With SHRM
News
3.07.22
Kathleen McLeod Caminiti and Alba Aviles were interviewed for a SHRM article that offered options for allowing an employee accused of misconduct to continue working during an investigation.
“An employer may switch the alleged wrongdoer's shift so the accused employee does not work with the complainant while the employer conducts an investigation,” they said. "Alternatively, if possible, the alleged wrongdoer could work from home."
They also offered guidance on paying exempt employees in order to avoid discrimination and wage and hour claims.
“Exempt employees generally must be paid a fixed amount per workweek that does not change based on their hours worked,” Alba and Kathleen explained. “If an exempt employee performs some work during the administrative leave, the employee is entitled to the employee's full salary for the workweek.”
Read the full article in SHRM (subscription required).
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Related People
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- Kathleen McLeod Caminiti
- Partner and Co-Chair, Wage and Hour Practice Group
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- Alba V. Aviles
- Partner