Salary Exempt - FTO

[Xagor]

What is the name of your state? CA

If a Salary Exempt employee works less than 8 hours in one day, for example 5 hours, can the employer forced the employee to use FTO hours to compensate for the 3 hours shortfall? Or, are they liable to pay the employee as if she worked the whole 8 hour day?

TIA

 

[cbg]

If a Salary Exempt employee works less than 8 hours in one day, for example 5 hours, can the employer forced the employee to use FTO hours to compensate for the 3 hours shortfall?

Yes.

Or, are they liable to pay the employee as if she worked the whole 8 hour day?

Only if there is no paid leave that can be applied to it.

What do you think that vacation, PTO, or whatever your company calls it, is FOR, if not to cover when you do not work?

 

[Xagor]

Thanks for the reply.

I did some research and found that the California Labor Commissioner/DLSE issued series of opinion letters stating that the use of partial-day vacation deductions for exempt employees is unlawful in California because of the "special" and non-forfeitable status of vacation pay under California Labor Code §227.3 and the California Supreme Court's decision in Suastez v. Plastic Dress-up Co., 31 Cal.3d 774 (1982).

Although, a particular case did go against that opinion in 2005 when the Court ruled that the employer can deduct vacation time against exempt employees when the employee is absent from work for "four or more" hours in a single day. Nothing was mentioned if an employee works atleast four hours.

 

[pattytx]

I wouldn't count on it. You can call the DLSE for their opinion if you like. (BTW, this has nothing to do with Suastez v Plastic Dress-Up Company, which ONLY addressed whether accrued vacation was a vested benefit that had to be paid out at termination.)