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Salaried exempt & partial day sickness

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  • Salaried exempt & partial day sickness

    My former employeer provided a Vacation, Illness, & Personal (VIP) package for salaried, exempt from over-time pay employees which was 40 hours annually for employees with less than 5 years employment. Once that 40 hours was used during the year for whatever reason, any time missed during a day, even for illness (going home early, leaving for a doctor, dentist, etc.) was tallied and deducted from my paycheck. I had upwards of 60 hours of pay deducted over 2 years due to illness and doctor appointments (conversely, of course, as a manager I was told I had to put in extra hours but those were never counted against time I had to take off for illness!).

    Isn't this a violation of California law? If so, I assume I can sopena my former employer's records to show these deductions?

  • #2
    It's a violation of both state and Federal law. But you don't have to subpoena anything; if you file with the DLSE, they'll take care of it for you, and if you go through an attorney, he will. If a subpoena is necessary, they'll get it. It may not be.
    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

      Thank you for the advice, I will file.


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