Legal Question in Employment Law in California
At Will employment
What determines an At Will employment contract?
If an employee is a saleried employee , and the employee is paid a salery of so much per year, if the employer deducts for time off, for medical leave, should the employee be able to collect for all overtime? Can an employer deduct hours / time for a saleried employee and not pay overtime?
3 Answers from Attorneys
Re: At Will employment
Deductions from an exempt employee's salary may be made when the employee is absent from work for a full day or more for: Personal Reasons, Sickness or Disability, (in accordance with a bona fide sick leave plan (a plan, policy, or practice providing compensation for loss of salary from sickness and/or disability)), and Workers' Compensation Leave.
Re: At Will employment
All employees are presumed, by law, to be "at will" employees, unless there is an agreement with the employer that says they can only be fired for cause. There are several factors that determine whether an employee is exempt from overtime pay. Most importantly, is the nature of your job duties. Also, your salary must equal no less than two times the hourly minimum wage, which is now $6.75 in California. But even if you are an exempt, salaried employee, that exemption may be lost if the employer starts deducting hours missed from work.
Re: At Will employment
No, that is illegal
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