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docking pay (salary exempt) CA

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  • docking pay (salary exempt) CA

    I am salary exempt and my boss has us fill out a request for time off when we miss work so that he can determine an hourly wage according to our salary so that he can deduct that day, is that legal in California. The reason I am asking is I missed 6 days of work because I was in the hospital for surgery. I work Monday thru Thursday (by the way my work week is Mon. thru Fri.) surgery on Friday and i worked until 3:00 that day. Then missed monday thru wednesday came back to work on thursday for 2 hours and had to go back to the hospital on that day (Thursday) overnite becuase I was dehydrated and returned to work Friday at about 1:00. So I worked at least 4 days the week of the surgery and 1 day the following week. So in total he deducted 5 days of pay is this legal in California for salary exempt employees?

  • #2
    It may be. Does he offer ANY paid sick days to exempt employees, even if you are not eligible for them? If so, how many?
    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.


    • #3
      docking pay salary exempt

      he does not offer sick leave!


      • #4
        If there is no sick leave provided then, generally speaking, your pay cannot be docked for absences due to accident or illness. See here, specifically paragraph (a)(3)
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          Then he may not dock an exempt employee for illness-related reasons, unless you were on FMLA. (If you were on FMLA, you do not have to be paid.) An exempt employee can only be docked salary (though he can be docked vacation, sick, or personal time) for illness related reasons if the employer offers a reasonable number of paid sick days and the employee in question either does not yet qualify for them, or has already used the time available to him.

          However, an exempt employee can be docked if he voluntarily takes time off for a personal reason that is non-illness related.
          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.


          • #6
            thank you

            thank you very much. one more question I have a feeling that he will let me go because of this what reprecutions can I take if he does.


            • #7
              I am very confused about (a) (3) can you explain it to me in English


              • #8

                he has been doing this to all salary employees since he has been in business so are we owed back pay?


                • #9
                  The issue with docking pay from a salaried employee is not that it is illegal. The only issue it raises is whether of not you are exempt from the minimum wage and overtime provisions of state and federal law.

                  If an employer deducts for sick days without having a bona fide sick day plan in place, then the employees can not be considered exempt under the typical exemptions. What this means is that the employees will likely be entitled to overtime pay for hours worked past 8 in a day and hours worked over 40 in a week. If the employees never worked any overtime, then it is largely irrelevant.

                  If people in the company work a large amount of overtime, it could amount to a significant claim. In addition, the failure to pay a salary is also a federal violation, so the employees could recover double damages for all hours worked over 40 in a week.
                  Michael Tracy

                  Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.


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