Can my employer make me take PTO even if I worked?

[Ailu]

What is the name of your state? California

After searching an hour on Google, Bing and even DuckDuckgo, I can't find an answer to this anywhere!

I am a salaried employee and I basically work 16/7. I am always answering and addressing customer's issues in person at work, and also by phone, email and text when off work. Well I got the flu that's been going around, and so I called in sick so I wouldn't be hacking or coughing all over customers. But I still spent the day interacting with customers through phone, email and text. I just assumed that I would get paid my normal salary but apparently the laws have changed and my boss wants me to take either PTO or unpaid leave. But shouldn't I be able to collect my regular salary if I still continued to worked, even though I was home sick? How would the law apply in this case?

Thanks for any help you can share in answering this!

 

[FlyingRon]

Salary isn't the operative principle. The question is whether your job duties make you exempt or not and whether you were actually working.
I suspect your boss is wrong. While they can tell you that you can't work from home, if they do allow you to do so, they have to pay you (if non-exempt) and they can't dock you (if you are exempt). I would inquire with your HR department, specifically pointing out that you were working.

 

[cbg]

Given that this is California, where it matters what municipality you are in, I would recommend a call to the DLSE if the talk with HR is not effective.

 

[Ailu]

Thanks so much for your help folks. I didn't know it was as easy as calling the DLSE. (This is a large global company, btw.)

Also while searching for this, I found information that as an exempt employee I am supposed to get paid a salary that is double the minimum wage? Or is that inaccurate? Because if that's the case, I am not making what I should be, either.

 

[FlyingRon]

If you are considered an exempt employee, then yes, you should be being paid a salary corresponding to at least twice the minimum wage (with some exceptions). However, that doesn't mean you should be paid more if you are salaried, it just means they have to treat you as non-exempt (that is, pay overtime, etc...) . The salary amount, along with your job duties, is what determines if they can treat you as exempt. Any employee that can be treated exempt, is allowed to be treated as non-exempt.

 

[Ailu]

I am definitely salaried exempt, HR confirmed that for me. So if they don't want to pay me double the minumum wage, are you saying they can simply categorize me as non-exempt? And if that happens, can I receive overtime, etc? Just trying to understand my rights here... Thanks.

 

[Zigner]

I am definitely salaried exempt, HR confirmed that for me.

HR isn't the entity that decides if you are actually an exempt worker. Review the following page: https://www.dir.ca.gov/dlse/FAQ_OvertimeExemptions.htm

 

[Ailu]

HR isn't the entity that decides if you are actually an exempt worker. Review the following page: https://www.dir.ca.gov/dlse/FAQ_OvertimeExemptions.htm

That what I thought, and I defintely qualify as exempt from what I can see, but Flying Ron stated that "Any employee that can be treated exempt, is allowed to be treated as non-exempt. " So I was trying to understand how that affects me...

 

[Zigner]

That what I thought, and I defintely qualify as exempt from what I can see, but Flying Ron stated that "Any employee that can be treated exempt, is allowed to be treated as non-exempt. " So I was trying to understand how that affects me...

It doesn't necessarily affect you at all. The employer can choose to treat an exempt employee as if they were non-exempt. They aren't ever required to.

 

[PayrollHRGuy]

I am definitely salaried exempt, HR confirmed that for me. So if they don't want to pay me double the minumum wage, are you saying they can simply categorize me as non-exempt? And if that happens, can I receive overtime, etc? Just trying to understand my rights here... Thanks.

Assuming you qualify for OT Exempt. You must be paid a weekly wage of around $455.00 by federal law. California is much higher.

The employer can't be forced to make or keep you OT Exempt but if they do they have to pay over time.

 

[FlyingRon]

If they don't pay him over the threshold, they must treat him as non-exempt. It's as much a requirement of the exempt status as anything else.

 

[PayrollHRGuy]

If they don't pay him over the threshold, they must treat him as non-exempt. It's as much a requirement of the exempt status as anything else.

Correct. I thought that's what I wrote.

And as I mentioned it is much higher in CA.

The minimum salary requirement for 2019 for white-collar workers is $49,920 for employers with 25 or fewer employees and $45,760 for employers with 26 or more employees.

 

[Taxing Matters]

The minimum salary requirement for 2019 for white-collar workers is $49,920 for employers with 25 or fewer employees and $45,760 for employers with 26 or more employees.

California makes it harder for the smaller businesses. Gee, why am I not surprised?

 

[PayrollHRGuy]

California makes it harder for the smaller businesses. Gee, why am I not surprised?

I thought that was strange as well.

 

[Ailu]

Correct. I thought that's what I wrote.

And as I mentioned it is much higher in CA.

The minimum salary requirement for 2019 for white-collar workers is $49,920 for employers with 25 or fewer employees and $45,760 for employers with 26 or more employees.

Thanks you PayrollHRGuy! So for 2020, the minimum wage increases to $13, so exempt wages would increase to $54,080 for companies with 26+ employees, correct? So if everyone holding my same position is exempt at this company, I should be able to ask that my salary be upped to that at minimum, right?

Also, interested on your take regarding my opening question, if you have any legal insight to add to it. Thanks much!