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.

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Answered on 8/31/09, 6:37 pm


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