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salaried employee not being paid California Colorado

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  • salaried employee not being paid California Colorado

    My employer is requiring that all salaried employees take two days off without pay even though we will have already worked half the week. They expect us to work 6 days when duty calls, without extra compensation. They said that we will not be paid for the two days unless we use pto. Can they do that?

  • #2
    Maybe. "Salaried" is just a payment method that means very little by itself. Are you talking about Exempt employees (who have no legal right to paid overtime) or are you talking about Non-Exempt employees (who have a legal right to paid overtime)? Either class of employee can be paid on a Salaried basis.

    Past that you mention both CA and CO as the state. These states have different rules. Federal law requires that Non-Exempt employees be paid at least the federal minimum wage of $6.55/hr. CA however has a higher MW of $8.00/hr. If we instead are talking about Exempt Salaried employees, then under federal rules we have a minimum salary requirement of $455/week federal vs. $640/week for California.

    These are the labor law requirements. Absence contract language to the contrary, with advance notification of the changes, these are the rules the employers must follow.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Originally posted by tcarl View Post
      My employer is requiring that all salaried employees take two days off without pay even though we will have already worked half the week. They expect us to work 6 days when duty calls, without extra compensation. They said that we will not be paid for the two days unless we use pto. Can they do that?
      It sounds like you might be talking about salaried exempt since you noted you sometimes have to work 6 days w/o extra compensation. If you are exempt & worked part of the week, you have to be paid your regular fixed weekly salary - they cannot dock you for the two days. However; if you have PTO, they can require you to use it. If you have no paid time off, they still have to pay your full salary for the entire work week.

      If you happen to be non-exempt, you do not have to be paid for any time you do not work though it seems like they are allowing you to use PTO for the two days so that you get paid for them.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Here are the docking rules for salaried exempt employees:

        http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Thanks for getting back to me.

          I have a few more questions.

          I am an exempt employee. I work six days a week more often then not. I do not receive any compensation for the extra days.

          If they require me to take two days off I have to use PTO?

          In the attachment you sent it said that an employer can not dock pay if they cant provide work for part of the week. This is the case. Due to budget cut backs we have to take the two days off. I have just enough to cover the two days, but feel that I should not have to use them since I am willing to work those two days. There are some employees who do not have enough pto to cover even 1 day, and yet they are not being paid at all. And must sign a payroll adjustment form for time off without pay.

          Is it at their discretion as to when I have to use pto?

          If we are exempt employees are they within the law to not pay if they can't provide work?

          It doesn't seem ethical that they can require an employee to work extra time, then short their pay check because they dont want to pay wages for part of the week.

          By the way, I live in California.
          Last edited by tcarl; 11-24-2008, 06:21 PM.

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          • #6
            They can't dock your pay in your situation - you still have to receive your regular fixed weekly salary (as an exempt employee). However, they can charge the time off to PTO if you have it. If an exempt employee doesn't have any PTO in your situation, they would still have to pay them their regular fixed weekly salary - they cannot reduce their pay.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              If there are any exempt employees not getting their regular fixed weekly salary (pay), they can file a claim with the Ca DLSE.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment

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