Legal Question in Employment Law in California

Comp Time

Is it wise to document exempt employees time to determine how much comp time they are entitled to? Is it advisable to put this as part of a policy procedure?


Asked on 4/21/04, 4:46 pm

3 Answers from Attorneys

JEB Pickett Wynne Law Firm

Re: Comp Time

Exempt employees are not entitled to "comp" time. You may keep track of their hours (days) to determine vacation and sick time and subtract the same for absences, but you may not dock salary.

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Answered on 4/22/04, 3:43 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Comp Time

Whoa...You may be getting yourself into trouble. If employee truly exempt status, no comp time due. Can deduct days from sick leave/vacation allottment, etc. Cannot deduct wages for partial days or partial weeks.

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Answered on 4/22/04, 4:50 pm
Terry A. Nelson Nelson & Lawless

Re: Comp Time

Documentation is always wise, as are written policies. Make sure you stay within the law on exempt employee pay/deductions/etc, or you will find yourself on the wrong end of a claim for OT and other backpay. Consult an attorney if you don't know the law. You should have a thorough policy manual if you have many employees. Contact me if interested.

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Answered on 4/22/04, 6:01 pm


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