Legal Question in Employment Law in California

Re: Salary Deducted for time not in office

It seems like your employer wants the best of both worlds. If you are truly an exempt employee then paying a salary is ok. However, if you are misclassified as an exempt employee then you are owed overtime pay. You may also be entitled to penalties depending on the specifics of your situation.

You can file a claim with the DLSE yourself or you can consult with an employment attorney in your area.

Re: Salary Deducted for time not in office

NO. File a claim with the Labor Commissioner if you can't resolve it with the employer.

Re: Salary Deducted for time not in office

No. The employer cannot have it both ways. Only truly exempt employees (professionals, managers and administrators) should be paid a salary. All other employees must be paid by the hour. Your job duties determine your exempt status.

If you were misclassified, you are owed overtime pay for all the hours you can prove you worked in excess of 8 hours a day or 40 hours a week. Employers, who deduct hours not worked may be penalized by losing the exmpt claim status, which may strengthen your case.

If you believe you are owed a significant amount of money, consult with an attorney to determine your options. Otherwise, you may file a claim with the California Labor Commissioner.