Legal Question in Employment Law in California

Hi. My company is in California and my question is about deducting pay and PTO from exempt employees for days the company is closed following a holiday. For example, the day after Thanksgiving the company is closed and will deduct either pay or PTO from exempt employees for that day.

This has been the company�s practice for many years. It is not written in the employee handbook under the PTO policy, but it�s written on our holiday schedule poster that we are closed the day after Thanksgiving �without pay.�

Is the company allowed to tell the employees that they have to use their PTO for this day? And if they don�t have PTO available is the company allowed to deduct from their pay?

Thanks!

Tracy


Asked on 1/31/13, 4:34 pm

1 Answer from Attorneys
Deborah Barron Barron Law Corporation

No, you can't do that! If your company is closed for a holiday you must give the time off as a paid holiday. Otherwise the business should be open and give the time off as an exceptable option if employees want to use their paid time off. Otherwise they report for work.

http://www.lawbarron.net [email protected]

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Answered on 1/31/13, 9:31 pm


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