Legal Question in Employment Law in California
Unpaid Salary
I recently accepted a new title and position at the company I work for. It is an exempt salary position and have been working for 1 month in it. Before I accepted the position I gained approval for time off to get married. But when I received my payroll chaeck I was docked $450.00. My supervisor stated that I took off 3 days. I was under the impression that as a salaried employee I would be paid regardless. I just have a feeling that they are not compling to the law in this regard. I work from 6:30am in the morning until 9:00pm most nights and they won't pay overtime but when I have approved time off they deduct from my check. I receently questioned my employeer again and now his excuse not to pay the days I took off were that I had't been in my new position for a year after that I would be eligible. Please provide me with any information poosible.
Thank you
2 Answers from Attorneys
Re: Unpaid Salary
PRIVILEGED COMMUNICATION
In California, the question of whether you are entitled to overtime depends on the type of work you do, NOT on the designation by your employer of "salaried." An employee who is working in a salaried position may be entitled to overtime pay if he performs work for more than 50% of his day that is considered, under CA law, "non-managerial." If you are doing a lot of paperwork, if more than 50% of your day is not spent "managing," if you are doing physical work; if you don't have "discretion" in performing your work, you may be entitled to overtime. The question of whether you are entitled to overtime is determined on a case-by-case basis and depends upon the specific facts of your employment situation. Depending on the specific facts, you may also be entitled to the $300.
A bigger question on these facts (and all employment situations where the employee is still working) is whether you are ready to risk your employment over the issue, or whether it makes sense to find another job first. Good luck.
Re: Unpaid Salary
I would add to the fine advise of Mr. Knisbacher, that what your boss told you about being eligible for paid time off after a year is bull. The law imposes no such requirement. If you are really an exempt employee, they cannot dock your pay, regardless of how long you've been there. This incident may provide you with some insight of what you can expect from this company.
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