Legal Question in Employment Law in California

My employer is threatening to deduct pay from my wages for not working a full 40 hours in previous pay periods. I am a salaried, exempt employee in the state of California. I have maxed out my 24 hours of sick pay and I am not eligible for vacation pay until January 2017, but my employer said he may deduct hours from vacation pay or just deduct pay from my salary. I have never missed a full day without using sick pay and the hours missed have been 2 - 4 hours sporadically due to IEP and other school meetings for my special needs child.

Is this legal?


Asked on 11/19/16, 1:05 pm

1 Answer from Attorneys
Tuvia Korobkin

No this does not appear to be legal. In fact you could lose your exempt status (and thus be eligible for overtime, meal periods, rest periods, etc.) if your employer deducts your wages for a partial day absence.

You should contact an employment attorney to discuss your rights and options. Good luck to you.

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Answered on 12/05/16, 8:07 am


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