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View Full Version : Salary hour deduction questions (Need help asap) California


MRC88
02-04-2009, 02:03 PM
I am a Salary employee, and Audio Engineer, I get paid X Amount on the 15th and Last. No overtime is given. My question is if I work 8 hours Monday , Tuesday, Wednesday, then Thursday I only work 4 hours because I have to do something personal. Can they take this out of my sick/vacation time?

From my understanding that's what salary's all about you get this much money no matter if you work 60 hr a week or 30 hours a week. Its a give take thing where sometimes the employee looses because he has to work overtime and gets no more pay and sometime the employer looses because the employee has personal plans and works less.. Is this true? Not True?:confused:

From my understanding if I show up for the day it counts, even if I don't work my full 8 hours, but if I flat out don't come it comes out of my sick/vacation time.. :confused:

I found this in the Massachusetts Forum here
• Section 541.602(b) details the limited exceptions to the general "salary basis" rule. Deductions may be made "when an exempt employee is absent from work for one or more full days for personal reasons, other than sickness or disability. Thus, if an employee is absent for two full days to handle personal affairs, the employee’s salaried status will not be affected if deductions are made from the salary for two full-day absences. However, if an exempt employee is absent for one and a half days for personal reasons, the employer can deduct only for the one full-day absence." 29 C.F.R. § 541.602(b)(1)

I think this is Mass. Law where could I find the exact laws for California regarding this subject?:confused:

I need this figured out ASAP please help I'm supposed to be talking to my manager today or tomorrow

JEB Pickett
02-04-2009, 03:28 PM
For absences of less than a full day, your employer may not deduct the time from your actual wages, but may deduct the time from any vacation/sick leave benefits that is provided.

There are no specific California laws on this subject, nor a specific CFR. This has been expressed through DOL Wage and Hour opinion letters and also Court rulings.

CAOvertimelawyer
02-08-2009, 08:59 AM
great answer JEB

lf644
02-11-2009, 01:18 PM
JEB is 100% correct! An employer owes an exempt employee his/her full salary regardless of the quantity or quality of work performed. Penalties or deductions from an exempt employee's salary for late arrivals or leaving early are not allowed. If you deduct an hour here or there from an exempt employees salary the question is...are there really "exempt". ..and that's a whole other topic.:eek:

From what I understand, an employer may deduct "time" from sick/vacation in 4.0 hr increments. If the employees vacation or PTO balance is insufficient to cover the 4 hour absence, the available balance (ie 3.0 hrs.) may be deducted, but the remainder (ie 1.0 hr) may NOT be deducted from their paycheck. :rolleyes:

California employers may make deductions from salary in one (full) day increments for employee's personal reasons (religious holiday, etc.). However, an exempt employee who works a partial day must be paid for the full day.:eek:

Be careful as an employee, although you might not lose pay you are likely to be disciplined if seen abusing this.

This is a good site:

www.VantaggioHR.com

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