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  • California

    I am new to this site, so please bear with me.

    I have just encountered a situation in which my boss who is now keeping track of hours worked or most importantly - hours not worked in any given day. The extra hours worked are not taken into account for the following situation. I am an exempt employee who works on average 50-60 hours per week. This past week I was out sick for 3 days. I worked a Saturday for 6 hours - which is outside of my normal work week (Monday thru Friday), and was told that I could not take a full day off as I did not work a full 8 hour day. (I had taken sick pay for the other two days). I was only allowed to apply the 6 hours to my sick day and had to take 2 hours additional sick pay to fill the 8 hour day.

    Is this legal? I am looking for the labor law that supports exempt employees and their rights regarding this.

    Any help and suggestions are welcome. Thank you.

  • #2
    Almost any employer can make almost any employee work almost any hours that the employer wants. What few exceptions that exist are for very specific types of workers such as airline pilots or minor children employees. "Exempt" is a function of federal law (FLSA) and the related 29 CFR 541.xxx regulations. There is nothing in those regulations that say the employer can tell you to work whatever hours the employer wants you to.

    I can give you the docking rules for Exempt Salaried employees, but these rules will not say what you want them to.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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