Legal Question in Employment Law in California

Re: salary vs. hourly wages

You state you work in California for a California Employer. The first part of your questions appears to deal with the distinction between being classified as an exempt employee or non-exempt employee. Generally, federal and California law will assist in the determination of whether an employee is exempt (no overtime) or non-exempt employee (eligible for overtime). It appears you have been classified as an exempt employee by your employer. You should consult with a local employment law attorney for advice concerning the first part of your question if you are unable to get sufficient details from your employer with respect to why it classified you as an exempt employee. The second part of your question appears to deal with discriminatory treatment with respect to employee benefit entitlement. Generally, an employer is not required to provide an employee with paid vacation and sick leave benefits. If it does establish such a policy, however, it must abide by the policy until it is later modified or eliminated by the employer. Your employer should have previously published its vacation and sick leave policy (e.g., Employee Manual). Check with Human Resources/Personnel to get a copy of that policy. In the past, you may have had more rights with respect to a claim for unlawful discriminatory treatment regarding established vacation leave than sick leave. That distinction may no longer be the case now (California recently amended its laws regarding sick leave). If are dissatisfied with the answers received from your employer concerning its vacation/sick leave, you should consult with the above employment law attorney on this topic as well.