Legal Question in Employment Law in California

Salary vs. hourly

I am a salary employee and my employer docks my pay if I am gone for 2 -3 hours for doctor appointment, parent teacher conferences. He calculates my hourly figure and takes this figure and subtracts from my salary base. Is this appropriate or legal? I was told only hourly employees can be docked.


Asked on 4/11/05, 4:51 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Salary vs. hourly

If you are an exempt employee such deductions are not allowed. Exempt status is based on your duties as well as a salary basis for wages. Do you supervise other employees? Do you have the authority to make significant decisions regarding the company's operations or its employees? Is most of your time spent performing "exempt" duties?

If you are not exempt then the deductions would be appropriate so long as you are paid for all hours actually worked. In addition, as a non-exempt employee, if you work more than 8 hours daily or 40 hours weekly you are entitled to overtime pay for those hours.

If you would like to find out whether you are exempt or non-exempt, call my office to discuss.

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Answered on 4/13/05, 7:16 pm


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