Legal Question in Business Law in California

I am an exempt employee in California. The company I work for provides PTO (not sick leave and vacation). If I leave early for an appointment I am required to use PTO. As an exempt employee shouldn't I be paid 40 hours even if I leave 2 hours early? I often work over the 8 hours expected but get no compensation for that. On one side I am treated as a salaried employee and required to make up time but on the other do not get compensated for extra time worked.


Asked on 3/27/14, 2:18 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Employees legitimately classified as salary exempt can not be 'docked' for such minor time off, nor are they owed OT for any time over 8 or 40, without limit. Sounds like you could bring a wage claim with the Labor Commissioner, or a lawsuit in Superior court if the total owed would justify involving an attorney. Feel free to contact me to discuss if serious about pursuing this.

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Answered on 3/28/14, 4:00 pm


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