Suspended without Pay pending Investigation (California Exempt Employee)

[aml830]

I am the General Manager of a Movie Theatre in California. My position is Exempt per company policy and my job description. Yesterday my District Manager told me he needed a statement from me regarding allegations of misconduct (inappropriate comments and conversations at work). He also said that as soon as I gave him my statement I was to be suspended without pay pending the completion of the investigation. I asked why suspension was being dolled out before I was given a chace to state my side and he said it was determined that the investigation needed to continue without me on site.

Due to Califoria's labor laws my company has a policy against suspending employees becuase their wages are due the time of suspension. I was not provided with my wages.

I have been researching the situation on line and the following address: (http://www.calbizcentral.com/hrc/qanda/qa/pages/qa.aspx?questionid=273&categoryid=92) states that

"An employer also may place an exempt employee on a disciplinary suspension; however, the employee's salary must be continued. Although an employer may feel that if you have to continue to pay an employee, there is no punishment, being placed on suspension is a very strong disciplinary action and can be effective in changing performance. The suspension also will document that the employer used progressive discipline. "

and

"Although federal law permits deductions for serious safety violations as well as for infractions of workplace conduct rules, provided the suspension and deduction from salary is for a complete day from an exempt employee's pay, there are no provisions in state law that would allow any employer to make such a deduction from an exempt employee's pay for disciplinary reasons. Thus, to comply with state law, his/her salary must be continued."

Does anyone know labor regulation or the specific law that this situation relates to? I have searched the DLSE's database and manual but nothing regarding this specific situation has come up.

Thank you for any assistance.

 

[Zigner]

There is not a requirement that you be paid for any pay period in which you did not work at all.

 

[pattytx]

More accurately, any workweek in which you did no work at all.

 

[aml830]

Can anyone point me toward case law, DLSE regulations, or the section of the california code that relates to these statements?

 

[pattytx]

I can point you to the FLSA regulation.

Exempt employees need not be paid for any workweek in
which they perform no work.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm

I could find nothing in the CA Labor Code that would override this regulation.

 

[swalsh411]

library.findlaw.com/2005/Feb/4/146333.html

 

[pattytx]

Which is basically what the FLSA regulation says, right?