Legal Question in Employment Law in California
Salaried employee compensation
I have an employee who is paid a salary every 2 weeks. Lately he has not been working a full 40 hours per week. Last pay period he only worked 65 hours. Can I adjust his salary lower to because of the fewer hours worked?
3 Answers from Attorneys
Re: Salaried employee compensation
Likely best to place person on hourly wages. You will then, of course, be required to provide overtime pay and lunch break, etc. Need more info.
Re: Salaried employee compensation
Salaried people can't have their pay docked for missing time, that is the whole definition of salaried. You could counsel and warn him, put him on probation, or evern fire him if you felt just cause - subject to all the normal risks of him claiming wrongful termination.
Re: Salaried employee compensation
Assuming this employee does not have a contract to work for you for any specified duration of time, pick an hourly rate and tell him that if wants to continue working for you, he'll be paid at X dollars per hour.
There are many things to consider in making a decision like this, but the point is that the vast majority of employees work at-will. They can quit or be fired at any time. Likewise, their rate of pay can change at any time,
(provided the parties agree in advance of the change taking effect).
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