Get Legal Help Today
Secured with SHA-256 Encryption
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
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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.