Legal Question in Employment Law in California
Overtime and vacation hourse for salary employees
I left work an hour early one day last week. When I got my pay check this week, there was an hour of vacation time taken out. I am a salary employee and often stay late and come in early and do not get paid overtime. When I asked the controller of the company, who also acts as out HR person why, she said it was taken out because I did not clear it first. But I am salary and my work was complete. What should I do, is this fair? Can I start charging them for overtime then?
Please help, I am very confused.
Thank you.
2 Answers from Attorneys
Re: Overtime and vacation hourse for salary employees
Many employers violate California's overtime laws. In California, you are not allowed to just call someone a salaried employee and not pay that employee overtime. Many employees who are salaried are still entitled to overtime -- and can sue to collect that money. The test for overtime depends on the tasks you complete during the day; and the amount of independent decision-making you are allowed to make in your job. If more than half of your day is spent doing work that is administrative, routine, labor-intensive, you may be entitled to overtime, even though you are salaried.
Re: Overtime and vacation hourse for salary employees
If you are properly classed as salaried, such deductions are not appropriate. You should request pay for the time, and can file an unpaid wage claim with the Labor Commissioner if not paid. If you are retaliated against in any way, you may then have grounds for other legal action - if so contact me to discuss.
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