Legal Question in Employment Law in California
Can our company demand this much time?
Our company recently held an out-of town conference(Thurs, Fri, Saturday, Sunday). After the all-day conferences, we were required to attend mandatory company dinners where business was discussed almost exclusively. All employees were also expected to complete work full days (8-9 hours)on the prior Mon, Tues & Wed. We were also expected to appear at work the following Monday for a regular full-time work week.
One salaried employee inquired about taking a day off to complete some necessary personal task, which she would have ordinarily would have handled over the weekend. We were informed that ant salaried employee taking time off after the conference would have that time deducted from his/her vacation time, if available. If vacation time was not available, it would be considered unauthorized, unpaid leave.
While we are salaried employees and are exempt from most wage laws, can our company require us to work for twelve consectutive days (some 12 to 13 hours long)without any time compensation? This is a concern because the company has several mandatory out-of-town weekend events scheduled this year.
3 Answers from Attorneys
Re: Can our company demand this much time?
Yes, unfortunately, if you are properly classified as an exempt employee, your employer can require you to attend the all day conferences and dinners and restrict your ability to take leave after the conference.
The first question really is, are you properly classified as an "exempt" employee? I would be happy to discuss these issues with you at any time.
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Re: Can our company demand this much time?
I agree with Mr. Pickett, except to add that I don't believe the employee may dock an employee's accrued vacation time for having missed a day. The whole premise of a salaried employee is that you are paid the same wage regardless of the number of hours worked in a workweek. You should not be penalized for missing some hours in that week.
Also, to be truly exempt, an employee must be receiving no less that two times the current minimum wage in California. If the wage is less than that, the employer loses the right to call you exempt.
Re: Can our company demand this much time?
If classed as salaried, you are expected to work as much as the employer asks. If hourly, then OT is payable, and you should make such claim. Are you really 'properly' classed as salaried? Check with the Labor Commissioner or an attorney for clarification on the technical requirements. Contact me if you think you have an OT claim.
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