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  1. #1
    Join Date
    Mar 2008
    Posts
    4

    Default California Labor Laws

    I have the following questions for employment in California

    1) I am an exempt employee, however, I came to work 2 hours late and was charged 3 1/2 hours sicks time. My employer tells me we are supposed to work 50 hours a week. Is this legal?

    2) I get paid twice a month, with pay periods ending on the 15 and 30th. They take our gross wage, lets say $60,000 and divide by 24 = 2500 a pay period. If you miss a day, the hourly rate figured is 2500/80 regardless of how many days are in a pay period. Is this legal?

    Thanks for any help.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: California Labor Laws

    I've not been able to find an answer to your specific situation.

    Have you contacted the California Department of Industrial Relations?

  3. #3
    Join Date
    Mar 2008
    Posts
    4

    Default Re: California Labor Laws

    I haven't checked with them yet. I have looked around on the Internet for specific information.

    It seems my employer is walking a very fine line. In my employee handbook it specifically states if an exempt employee misses a partial day for personal reasons will not experience a loss in pay...etc". I worked for approximately 5 1/2 hours one day (I came late due to an xray). When I quoted this back to my employer, first I was told that I am reading the paragraph incorrectly, then that because it was a medical reason is why I was charged sick time.

    Also, I was told that are work week is a 50 hour work week, and I am currently averaging 42.7 (according to him) therefore, my pay is not being reduced even though I am expected to work 50 hours a week.

    I have tried to get my employer to respond in writing, but every time there is some "employment" issue, he insists on talking on the phone.

    Another example, I have asthma and work in construction, I havent had any asthma issues in years, when he found out I had asthma I was told I needed to get a letter from my doctor otherwise I would be removed from construction sites due to the dust. Again, in my opinion, this isnt legal, it was brought up to me about 3 weeks ago, and of course, not in writing.

  4. #4
    Join Date
    Apr 2008
    Location
    Las Vegas, NV
    Posts
    66

    Default Re: California Labor Laws

    You're employer can deduct from your sick time if you miss partial days, however they cannot decrease your salary for partial days missed. This is a federal labor law.

    For example, an exempt employee takes 4 hours off on 21 different work days and earned 80 hours of sick time. They employer cannot deduct for partial days from the salary, but your sick hours can go into a negative (4 hours).

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