Legal Question in Employment Law in California
I am a salaried exempt full-time employee in California averaging 45 hours each week. I came to the office yesterday, but after 2.5 hours of work, I felt ill and told the Office Manager that I had to go home. He informed me that I had not accrued enough hours to for a sick leave and will not be paid for the remaining hours. Is this correct? I work over 40 hours a week without overtime, yet I get money deducted from my salary due to being sick. I would love more information for this please. Thank you!
2 Answers from Attorneys
No, the employer cannot have it both ways. If you are truly an exempt employee, they do not have to pay for overtime when you work more than 8 hours a day. Conversely, the employer cannot deduct your wages when you work less than 8 hours in a day. They run the risk of losing the exempt status by doing so.
Mr. Kirschbaum is correct. They must pay you for a full day that day, or you are non-exempt and can claim back overtime and penalties.
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