Legal Question in Employment Law in California

sick pay

Is it legal to deduct sick pay from salary employees if the company does not pay sick days?


Asked on 1/17/07, 12:43 pm

1 Answer from Attorneys

James Peters Peters Law Group

Re: sick pay

Salaried employees must receive their full pay for any week in which they do any work.

It sounds like your employer is "docking" you pay for hours or days missed while sick.

The result is that if you work ANY hours over 40 in one week or 8 in one day, then you MUST be paid overtime. This arguably destroys your overtime exemption for your entire period of employment and you can recover up to 4 years of overtime.

Additionally, everyone who has the same job as you is automatically re-classified as non-exempt as well.

If you work a fair amount of overtime, this is something that might be worth pursuing.

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Answered on 1/18/07, 9:20 am


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