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Exempt: Paid whole week or only days worked? California

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  • Exempt: Paid whole week or only days worked? California

    Thanks for having me as a member here, and thanks in advance for your help.

    I'm reading conflicting information regarding exempt employees. And for this discussion let's assume the employee has no vacation time banked to use.

    I've read in a few places where an exempt employee must be paid for the full week if they worked any time during that week. In contrast, I've also read deductions from pay may be made when an exempt employee is absent from work for one or more full days for personal reasons.

    So, for example, let's say an exempt employee works Monday and Tuesday, but takes Wednesday through Friday off. Is a deduction made from their salary for Wednesday through Friday, or are they paid for the whole week because they worked Monday and Tuesday.

  • #2
    In most case, an exempt employee must be paid for the entire week if they work any time in the week. But there are exceptions to that rule, and one of those exceptions is when an employee voluntarily takes time off for personal reasons. Such as vacations.

    So in your example, the law would only require the employee to be paid for Monday and Tuesday.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Originally posted by cbg View Post
      In most case, an exempt employee must be paid for the entire week if they work any time in the week. But there are exceptions to that rule, and one of those exceptions is when an employee voluntarily takes time off for personal reasons. Such as vacations.

      So in your example, the law would only require the employee to be paid for Monday and Tuesday.
      Thanks for the reply. That's what I was sort of thinking. I think if the office was closed down due to low work volume or if the employer asks the employee to take days off -- basically days off the worker didn't volunteer to do -- then the employer must pay them as if they worked the whole week, if they worked any other time during that week.

      Comment


      • #4
        That's more or less the case, loosely speaking. The exceptions are as follows:

        1.) It is the first or last week of employment and the employee does not work the entire week
        2.) The employee takes time off that is attributable to FMLA
        3.) The employer offers a reasonable number of paid sick days; the employee calls in sick when he has either used all the time available to him or is not yet eligible for any
        4.) The employee voluntarily takes time off for personal reasons
        5.) The employee is suspended for a major safety violation
        6.) The employee is suspended for the violation of a written company policy which applies to all employees and which relates to workplace conduct (drugs/alcohol in the workplace, workplace violence, sexual harassment etc.)

        Also it should be noted that if the employee does NO work during the workweek he is not entitled to pay, EVEN IF the absence is involuntary.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Originally posted by cbg View Post
          That's more or less the case, loosely speaking. The exceptions are as follows:

          1.) It is the first or last week of employment and the employee does not work the entire week
          2.) The employee takes time off that is attributable to FMLA
          3.) The employer offers a reasonable number of paid sick days; the employee calls in sick when he has either used all the time available to him or is not yet eligible for any
          4.) The employee voluntarily takes time off for personal reasons
          5.) The employee is suspended for a major safety violation
          6.) The employee is suspended for the violation of a written company policy which applies to all employees and which relates to workplace conduct (drugs/alcohol in the workplace, workplace violence, sexual harassment etc.)

          Also it should be noted that if the employee does NO work during the workweek he is not entitled to pay, EVEN IF the absence is involuntary.
          Thanks so much for the additional clarification. These all make sense and clarify the specifics of the law. Much appreciated.

          Comment

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