Sunday, March 8, 2015

I am an exempt employee in California. The company I work for provides PTO (not sick leave and vacation). If I leave early for an appointmen...

Question

I am an exempt employee in California. The company I work for provides PTO (not sick leave and vacation). If I leave early for an appointment I am required to use PTO. As an exempt employee shouldn't I be paid 40 hours even if I leave 2 hours early? I often work over the 8 hours expected but get no compensation for that. On one side I am treated as a salaried employee and required to make up time but on the other do not get compensated for extra time worked.



Answer

Employees legitimately classified as salary exempt can not be 'docked' for such minor time off, nor are they owed OT for any time over 8 or 40, without limit. Sounds like you could bring a wage claim with the Labor Commissioner, or a lawsuit in Superior court if the total owed would justify involving an attorney. Feel free to contact me to discuss if serious about pursuing this.



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