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Salaried Employee California

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  • Salaried Employee California

    A salaried employee is asked to resign or be terminated. How are they to be paid for the full 8 hours for the full week, month. The time worked was 7 hours for the day and only two days into the work week.

  • #2
    "Salaried" is just a payment method and does not mean much by itself.

    The general rules are normally different for Exempt Salaried employees (29 CFR 541.602) and Non-Exempt Salaried employees (29 CFR 778.113). Exempt Salaried employees tend to have salary docking restrictions and Non-Exempt Salaried employees mostly do not. However for the initial/terminal weeks of employment the normal Exempt Salaried employee rules are relaxed. You can legally pay the Exempt Salaried employee (assuming that is what we are talking about) on a proportionate basis for actual hours or days worked. And you can almost always pay a Non-Exempt Salaried employee on that method whether or not we are talking about an initial/terminal week of employment.

    Example. Bob normally makes $1,000/week. Bob works 15 hours only this week and is terminated this week. Bob can be legally paid 15/40*$1,000 whether Bob is an Exempt Salaried or Non-Exempt Salaried employee. If this was not an initial/terminal week, then the rules get harder.

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

    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.113.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      salaried employee

      Originally posted by bjtoll View Post
      A salaried employee is asked to resign or be terminated. How are they to be paid for the full 8 hours for the full week, month. The time worked was 7 hours for the day and only two days into the work week.
      So even if they have resigned they are eligible to receive the full weeks pay, is this right?

      Comment


      • #4
        No, in the first or last week of employment even an exempt employee only has to be paid for the time actually worked.
        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.

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