Legal Question in Employment Law in California
As an exempt employee, can my employer ask me to use personal time off for a partial absence from work of two hours? I worked the other 6 hours.
Asked on 8/31/09, 6:23 pm
1 Answer from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
No, the employer cannot have it both ways. A true exempt employee does not receive overtime for extra hours worked. Conversely, their pay should not be docked for missing a couple of hours of work. The employer runs the risk of losing the claimed exemption by doing so.
Answered on 8/31/09, 6:37 pm