Legal Question in Employment Law in California

Sick or Vacation Time Deduction from an Exempt Salaried Employee

My employment status with my company is ''Supposedly'' Exempt Full-time Salaried Employee. I had submitted my past timesheet covering (3/21/2004 - 4/2/2004) where my total hours for that period = 70.37 hours. On 3/26, I worked 1.12 hours and 4/2 it was reported that my hours worked was 1.25 hours (incorrect - it should have been 7 hrs). Anyway, I was informed to make up the difference (because I'm suppose to have 80 hours), they were still going to pay my full salary but dock my sick time for the remaining hours. If they can do that - why not pay overtime or provide comp time when I do more than 80 hours? Or is that wrong for them to do? We do not have a bright HR person as she is the wife of one of the owners of the company, and she is not HR-trained. So I question alot of their HR decisions, especially if it impacts my paycheck and accrued sicl/vacation time. Thank you


Asked on 4/08/04, 1:52 am

1 Answer from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Sick or Vacation Time Deduction from an Exempt Salaried Employee

Many issues are involved as to whether you are truly an exempt employee, ie., typically no additional wage if work overtime. However, if you are docked wages in any manner, as an intended exempt employee, the exemption can be lost and you would then be entitled to overtime for time worked over 8 per day or over 40 per week. Call to discuss if you wish. Sounds like your employer has opened himsel/herself up to a problem.

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Answered on 4/09/04, 11:30 am


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