Legal Question in Employment Law in California
I received a job offer today It offered a base salary and a bonus opportunity however I would be managing approx 130 people and there is a clause that if anytime someone calls out sick or is late to work under my leadership I will be penalized 25.00 for each incident. Since I would be managing part time hourly employees earning under 15.00 per hour this is a guarantee that sometimes they will call out sick or even be late due to traffic or other reasons out of their control. if there were a flu epidemic I could potentially owe the company money in a given week if many people legitimately come down with the flu. I am not looking to work for free. they also require me to work 7 days a week as stipulated int he written offer but do not offer any overtime pay they do not offer benefits, sick pay or vacation pay either. is this a legal clause to put int an offer in california
1 Answer from Attorneys
Generally, in order for an employee to be a legitimate salaried exempt employee, the salary must be a set amount that does not fluctuate based on the quantity or quality of work. If you come to work, the employer must pay the full salary. Deducting money from your salary for your subordinates' coming late or absences would seem to be a deduction based on your quality of work as a supervisor. Moreover it is likely also an unlawful deduction from earned wages under Labor Code sections 221-223.
Generally an exempt employee may be required to work overtime without extra pay. They are "exempt" from overtime requirements. There is also no requirement that an employer offer vacation pay. However under California law an employer must provide at least 24 hours (3 days) of sick pay per year.
The above is just general information. Speak to an employment lawyer about your specific case.
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