Legal Question in Employment Law in California
I'm a salary employee at the current company I am. My boss requires me to still clock in and out everyday just like our hourly paid employees. Recently, he deducted 2 days off my paycheck because I was out ill those two days. If I'm salary, aren't I suppose to get paid the same amt regardless of hours put in? Also, can he deduct sick days? We don't have an employee contract.
1 Answer from Attorneys
If you are properly classed as salary exempt, you can be required to keep track of hours and to clock in and out, but you can not be docked for 'under hours' or sick days, nor must you be paid for OT or any extended hours you work. If the company is really in violation, you can file a claim for unpaid compensation with the Labor Commissioner. You can hire counsel to help you, and if you win at trial, you are entitled to have your attorneys fees reimbursed.
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