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Re:non exempt salaried CA employees making up time

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  • Re:non exempt salaried CA employees making up time

    Are salaried non exempt employees in California required to make up missed time? Say I leave 2 hrs early for an appt? Do I have to make up the time by law in order to not get docked

  • #2
    The law does not recognize the concept of salaried non-exempt. They only recognize exempt and non-exempt. So there are no laws dictating that a salaried non-exempt employee cannot be docked.

    In all states, if you are non-exempt you have no legal expectation of being paid for time you did not work. If your employer chooses to pay you as salaried AND chooses to dock you for time you are out of the office, frankly that does not make sense to me. But, sensible or not, it is legal since you have no legal expectation to be paid for time you do not work.

    However, on the other side of the same coin, if you work overtime he is required to pay you for it, salaried or not.
    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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