Legal Question in Employment Law in California
Working on a scheduled day off
I am a salaried non-exempt employee of a retail store in San Francisco. If a 3 hour store meeting is scheduled on my day off my employer is requiring me to come in for those hours and come in late another day (therefore still only working 40 hours total for the week but not having two full days off for the week). Is this aceeptable or should I be paid a full day for coming in on my day off?
2 Answers from Attorneys
Re: Working on a scheduled day off
If you normally work 8 hours, you are entitled to 4 hours pay when they call you in for the meeting. But, since you are really an hourly employee, unless the employer has committed to a guarantee of hours, they may cut your work hours on another day to avoid overtime. Nothing prevents the employer from calling you in on your day off.
Re: Working on a scheduled day off
If you truly are an exempt employee, you are paid the same rate, regardless of how many hours you work in the pay period. Of course, this means if you miss a day, they can't deduct your paycheck either.
Retail stores are notorious for misclassifying employees so you may want to review with an employment law attorney whether you truly are exempt from overtime pay.
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