Salary Employee

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Salary Employee

I work as a salary employee in California, however if i miss two or three hours
of work, my employer deducts them from my vacation hours or my wages if I have no
vacation time left. Is this legal, I thought salary employees got paid regardless

Asked on October 19, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Salaried employees do not not have deductions from their compensation for missing 2 or 3 hours of work; they may only have deductions for missing while days at a time (e.g. if you miss an entire work day, you would be paid 4/5 of your salary that week). You could sue your employer for the lost compensation, though that is, of course, a fairly drastic action. Also, you need to bear in mind that while what your employer is doing is illegal, if you stop him from doing this, there are many legal things the employer could do if you miss work: suspend you, demote you, reduce your salary, even terminate you. It happens that the thing the employer is doing is illegal, but the legal disciplinary options may be worse.


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