I work for a garment manufacturer outside of L.A. I'm closing in on the second month of a three-month probationary period and have a couple questions regarding the legality of some paycheck deductions. I understood when I was hired that I would be a salaried employee making X dollars per week and from other jobs I've held, I thought that if you were salaried, you did your work and you were paid for it, same amount every week no matter what. Shortly after beginning work, I had to take a sick day, and I understand that while I might not have had enough sick time built up for that day, I most certainly had worked enough late hours to more than make up for that sick day. They did however request that I fill out an absence form and on my next paycheck, sure enough they had deducted a day's pay for being out sick. Now I'm on jury duty (for three days) and am expecting these to be deducted from my paycheck as well. I work overtime every single day, by at least a minimum of one hour, and was asked to come into work for a full day on Saturday. At this point, according to my own record-keeping, I have well over 30 hours of overtime, which I know as a salaried employee I don't get paid for. But, I find it hard to believe that I can be asked to work so many extra hours, and then have deductions made from my paycheck for things like being sick and jury duty. My question is, is it legal for them to be deducting from my paycheck at the same time they are asking me to work well over 40 hours per week? Along the same lines, I think the company has classified me as an exempt employee (thus not paying me overtime), but I supervise no one, I am the lowliest of the low, and it just doesn't seem to me that I should be considered exempt, especially when a number of people hold the same position I do, but were hired through a temp agency and they therefore get paid time-and-a-half for their overtime. Is that fair? Thank you!

There is no requirement that an employer pay you a salary. Usually, the empoyer is trying to prove that they paid you a salary so that they can prove that you are exempt. However, if you don't meet any of the exemptions, then it doesn't matter if they pay you a salary.

That is, the question of salary only relates to you being exempt. If you are non-exempt, they can deduct your pay for the days not worked. However, they owe you overtime pay. If you are exempt, then they can't deduct for partial days absences, sick days if covered by a bona fide plan, and jury duty up to one week. However, you don't get any overtime.

Finally, in California, your salary must be above $540 a week or you can't be exempt.

Ok, so my employer then, if I understood your reply, is trying to have it both ways - treating me as non-exempt when they deduct and then as exempt when it comes to not paying me for my overtime. Is that allowed? I have to be one or the other right? Is the HR Dept the best place to ask as to whether I'm exempt or not and how they're managing to treat me as both simultaneously? Thanks!

Yes, if that is what is happening, it appears they *are* trying to have it both ways. It's one or the other. I would go to HR first and 1) find out if, in fact, your position is exempt and why they think so and 2) explain to them what is happening with your pay. Hopefully, they will rectify this without your having to file a wage claim.