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PTO/Sick Time in California

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  • PTO/Sick Time in California

    Hi,
    I am a new salaried employee at a company in california. As such I have not accrued any PTO. Unfortunately, my very first week of work a family member became life threateningly ill and underwent major emergency surgery (moot point but no previous history with this issue). I realize this is horrible timing with a new job but my Director as well as HR was very supportive to insist I take care of my family. Anyway, several times I worked half days (or a few hours then later on a few hours from home) to get to the hospital or make arrangements for care. The type of work I do allows this and even calls for working from home often and many 50+ hour work weeks.

    My employer is now asking for the half days I worked to dock my check since I had no PTO. Im fairly certain it doesnt work this way with salary. I understand them docking PTO in half day increments (tho ticky tacky I understand why this is legal to do against a benefit) but I dont think it is ok for them to dock pay in half day increments after PTO otherwise it opens up salary definition arguments. Is this ok for them to do just because I am a new employee with no accrued PTO?


    Thank you.
    Last edited by rickmrl; 08-25-2010, 06:03 AM. Reason: Sentence missing a statement" Anyway, several times I worked half days (or a few hours then later on a few hours from home) t

  • #2
    If by "salaried" (which is merely a pay method), you mean salaried exempt, no they cannot dock your pay for partial days worked, although they may for full days not worked. Tough situation to be in, new employee, telling your new employer what they are proposing is illegal.

    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

    However, nonexempt employees can also be paid on a salaried basis, so if that is your situation, yes, your salary can be docked for partial days missed.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      If the payment has already occured, the CA rule on "self help" methods of recovery could get legally interesting.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        I thought so. Yes, I am exempt. Apologies. As far as payment, I think she was just unclear. We will see. I have replied tactfully. I have not recvd payment yet. It isnt late.

        Thank you all.

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        • #5
          Originally posted by Pattymd View Post
          no they cannot dock your pay for partial days worked, although they may for full days not worked.
          Actually, yes they can deduct for less than four hours.

          http://www.callaborlaw.com/archives/...tial-days.html

          gah! I read that wrong, thought the discussion was for PTO balance not actual pay.

          Rich
          Last edited by revans; 08-26-2010, 02:58 PM.

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          • #6
            Originally posted by revans View Post
            gah! I read that wrong, thought the discussion was for PTO balance not actual pay.

            Rich
            You are not the first person to step in that rat hole. You will not be the last.

            In case anyone is still confused,
            - docking the salary of an Exempt Salaried employee is a function of federal law, and the feds do not care even a little bit about vacation/PTO balance.
            - reducing the vacation/PTO balance is a state law (if any) issue. CA has a number of vacation/PTO rules, but this was not a vacation/PTO question.

            And it is real common for employees to get confused on the two very different rule sets.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment

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