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salaried employees

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V

vicckie

Guest
california.
as a salaried employee is it legal to make me fillout a time card only showing my days off during that pay period .and also be docked for a additional day off but not compensated for working an eleven hour shift.
 


cbg

I'm a Northern Girl
I'm having trouble following the line of your question but I'll answer what I think you are asking.

First of all, salaried is immaterial. Both exempt and non-exempt employees can be paid on a salaried basis. What matters is whether you are exempt or non-exempt.

If you are non-exempt, you must be paid for every hour worked. For every hour WORKED over 40 in a week (in a few states, California among them, over 8 in a day) you must be paid at time and a half. Vacation, sick, personal holiday, holiday or other time when you are paid but did not work, does not need to be counted in hours worked. However, if you are non-exempt you need not be paid for any time that you did not work. You can be docked for any period of time in which you were not working.

If you are exempt, you do not receive any overtime except at the pleasure of the company. It is not mandated under law, no matter how many hours you work. However, you can only be docked pay under a very few, rigidly regulated reasons. You did not indicate the reason for the docking so I can't say if it was legitimate or not.

Both exempt and non-exempt can be made to fill out time cards. There is absolutely nothing illegal about tracking the time of an exempt, despite what many people thing. It is only illegal if your pay is affected by that tracking, unless it is for one of the few reasons that are permitted.

An exempt's pay can be docked if: it is the first or last week of employment and they do not work a full week; if they take FMLA time (even in partial day increments); if they are not yet eligible for or have taken their allotment of vacation or personal time and take more; if there is a legitimate sick time bank available and they have exceeded the amount available.
 

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