Legal Question in Employment Law in California

Rights of Employee making a salary

I am an employee of a company that pays me a salary. When things are busy I work over 40 hours and when things are slow I work less than 40 hours. Recently things have been slow so I have been working anywhere from 36 to 38 hours per week.

My employer has taken it upon himself to reduce my vacation time in accordance to time ''missed''. Is this legal? When I work over 40 hours I do not receive overtime pay so how can time be deducted?

Thanks for your help


Asked on 8/14/01, 1:25 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Rights of Employee making a salary

no, it is not legal

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Answered on 8/20/01, 9:34 pm
Keith E. Cooper Keith E. Cooper, Esq.

Re: Rights of Employee making a salary

The legal effect of making deductions from "exempt" employees is that they are then converted to "non-exempt." The result is that the employer may have to go back to the beginning of employment and pay overtime for every hour over 40. (In fact, the law is specific about who can and can not be an "exempt" employee, and many employers do not follow the law and call certain employees "salaried" when they should be receiving overtime.)

Check with the California Labor Commissioner for more information, or see an employment lawyer for advice.

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Answered on 8/24/01, 6:52 pm


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