Legal Question in Employment Law in California

I was a salaried employee for an employer that ignored times I worked through lunch, or overtime that I worked and would dock my pay (just not pay me) for days when I was out sick from work.

I quit on the last day of a pay period. My ex-employer pre-paid me for that last day of the pay period that I did not show up to work and is now asking for that last day of pay back. I know they have to right to *ask* for anything but do I legally owe them this money?


Asked on 6/30/15, 10:34 pm

1 Answer from Attorneys
Kristine Karila Law Office of Kristine S. Karila

The answer to your question depends on whether you were exempt or nonexempt and that requires an analysis of your duties, etc. The fact that you were paid a salary instead of hourly is not the key fact. If you were nonexempt, your employer must pay you for overtime and provide the opportunity for you to take meal periods and breaks. If you were nonexempt, you do not get overtime and they don't have to provide the opportunity to take meal period and breaks. Even if you were exempt, the employer can dock pay while out sick (except new paid sick leave law in CA begins today 7/1/15) and does not have to pay you for the day you did not go to work.

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Answered on 7/01/15, 10:38 am


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