Legal Question in Employment Law in California

Salaried worker getting hosed?

Rather simple situation.

I do not get paid over time, I don't clock in, I am Salaried.

Many times I put in 50-60 hour weeks; my pay never changes, I am Salaried.

I have no problems with the above.

However, should I want to take a day off I am ''Charged'' a sick day, essentially ''Docked''.

That for some reason doesn't sit right with me.

How can I put in massive ammounts of hours on a regular basis and the company reaps the benifits of not paying tons of over time but come the moment that I want to take some time for my self I magically become *hourly* and as a result *lose* hours.

This seems to be a double standard and surely can not be legal....Or is it?


Asked on 1/29/03, 7:40 pm

3 Answers from Attorneys

JEB Pickett Wynne Law Firm

Re: Salaried worker getting hosed?

It is not legal for your employer to "dock" your salary for "missing" time. In fact, this could effectively terminate a proper claim of exemption, making all of the hours you spent working overtime to be compensable to you.

Please contact me at your convenience. I would like to assist in determining if you were properly classified as exempt and how to have your employer cease their practice of docking your pay.

(800) 447-5549

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Answered on 2/03/03, 7:17 pm
Terry A. Nelson Nelson & Lawless

Re: Salaried worker getting hosed?

A company can't have it both ways. If they dock you, they either tranmute you into hourly status owing tons of back pay, or they owe you back the docked pay, both with interest and penalties. If you file an unpaid wage claim with the Labor Commisioner, seeking one of the two remedies, I can then represent you in the hearings and trial of the matter. Contact me if interested.

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Answered on 2/03/03, 8:23 pm
Craig Silman The Law Office of Craig M. Silman, Jr.

Re: Salaried worker getting hosed?

You cannot be docked pay for not showing up to work. This is an illegal practice that should be brought up with the California Department of Industrial Relations.

Depending on how long this has been going on you should consider talking to an attorney about this as well and see if there might be other causes of actions.

If you have any further questions feel free to email me. I am pretty good about answering emails within 24 hours.

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Answered on 2/03/03, 9:55 pm


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