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posd
11-23-2007, 07:39 PM
Is there any reason that an employer can suspend someone with out pay for any period of time?

Specifically, an Associate was late on 3 separate occassions. Spoken to about it 3 times and today was suspended for 1 week without pay for not showing up on time.

cbg
11-24-2007, 04:18 AM
An employer may suspend any employee for as long as they feel necessary for any reason the feel it necessary. No laws prohibit it.

IF AND ONLY IF the employee is exempt, a suspension of under a week can only be unpaid for limited reasons.

DAW
11-24-2007, 06:15 AM
IF AND ONLY IF the employee is exempt, a suspension of under a week can only be unpaid for limited reasons.

If I can be nit-picking, this is technically a "work week" and not a "calendar week".

cbg
11-24-2007, 06:24 AM
Absolutely you may. It's an important nit to pick and one I should have clarified.

posd
11-24-2007, 06:44 AM
Thank you for the info, not to be a nick picker myself, but this IS california I am speaking about. I have discovered that many Federal requirements mean nothing in this State. I know Ca is a right to work State, but it seems strange for a State that forces employee's to take a lunch after a few hours work and makes Employer's pay severe penalties for not paying for trivial things like an Associate wanting to switch days that puts them in a new work week or working more than 6 days in a row would allow a person to be suspended without pay for being late.

I believe you, but it just seems strange to have such a loose ruling in a State that has so many other employee rights to pay.

Thanks again!

Psycorps
11-24-2007, 11:38 AM
">>IF AND ONLY IF the employee is exempt, a suspension of under a week can only be unpaid for limited reasons"

Cbg, did you mean to imply that a non-exempt employee couldn't be unpaid? Or just that there are fewer legitimate circumstances for exempt ones.

DAW
11-24-2007, 12:58 PM
Non-Exempt employees can generally be put on unpaid suspension. The only possible exceptions I can think of are those employees covered under Fluctuating Workweek and Belo Plans. I know there are docking restrictions in these two cases, and I am not interested enough to research the specifics, particularly if this is not part of the OPs situation.

http://payroll-taxes.com/articles/salaryAlternatives.html

cbg
11-24-2007, 02:06 PM
A non-exempt employee never has to be paid when they do not work, with VERY limited state specific exceptions that do not apply here.

I am quite aware that this is California. A non-exempt employee can be put on unpaid suspension for any reason and any length of time; an exempt employee can be put on suspension for any reason and any length of time, but the suspension, if for less than a workweek, can only be unpaid for reasons specifically outlined by law.

posd
11-24-2007, 05:18 PM
Thank you you are great!

I will accept that suspending someone without pay is acceptable in Ca. in some instances for salaried Associates and for any reason for hourly associates.

I am sorry I don't get the legal lingo, I just want to make sure I understood one thing...

non-exempt would apply to hourly paid associates and exempt is usually a salaried employee.

Right?

Thanks again

Betty3
11-24-2007, 06:13 PM
non-exempt would apply to hourly paid associates and exempt is usually a salaried employee.

This is usually the situation but you can have a salaried non-exempt employee & there are some exempt employees that can be paid hourly. What you need to concern yourself with is whether they are classified non-exempt or exempt.

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