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What counts as "working" ? California

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  • What counts as "working" ? California

    I have been staying at home sick for a couple of days. I check my employee email remotely, answer questions, and coordinated some off-shore contractors.

    I understand that the Conley ruling allows my employer to deduct partial days I am out for more than four (4) hours.

    When I checked in during the day, does that count as "work" ?

    As I checked in occationally all day, does that mean I was working all day ?

  • #2
    I take it you're an exempt employee?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Yes, I am exempt making over the minimum annual salary.

      I've seen two contradictory statemetns in my web search:

      "The “salary basis” test has been as confusing to employers as is the duties tests. Generally, an employee must receive his or her full salary for any week in which he or she performs any work without regard to the number of days or hours worked."


      "Docking salaried employees’ vacation banks for a partial-day absence does not compromise the exemption status. In Conley v. Pacific Gas and Electric Company, the court held that “nothing in California law precludes an employer from following the established federal policy permitting employers to deduct from exempt employees’ vacation leave, when available, on account of partial-day absences from work.”

      So either I'm paid by the week no matter what, or I have to account for each hour (or blocks of four hours). I'm confused.

      Thank you for your attention.


      • #4
        Not contradictory, but I may be wrong

        I believe that if you have vacation in your "bank" it can be docked, and if you don't you get the full salary.

        What are the links?
        I have been interested in employment rights for some time, however I am not a lawyer. Always consult with an attorney, as they are more knowledgeable.


        • #5
          That's my general understanding, too, joe916.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


          The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.