Can an employer deduct pay if a salaried, exempt employee does not work a full 40 hours?
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Can an employer deduct pay if a salaried, exempt employee does not work a full 40 hours?
My employer is threatening to deduct pay from my wages for not working a full 40 hours in previous pay periods. I have maxed out my 24 hours of sick pay and I am
not eligible for vacation pay for another 2 months but my employer said he may deduct hours from vacation pay or just deduct pay from my salary. I have never missed a full day without using sick pay and the hours missed have been 2-4 hours sporadically due to IEP and other school meetings for my special needs
child. Is this legal?
Asked on November 19, 2016 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you are salaried, an employer may not legally deduct for missed hours (the employer can deduct for entire missed days)--if the employer does, you could sue for the money or try filing a complaint with the department of labor.
Howver, you may be demoted, suspended, have salary cut, job changed, or be terminated for missing work, even for child care/eduction reasons, if you don't have and use paid time off you earned for the absence (or otherwise had employer approval). So while you can't have money deducted, you could legally lose your job.
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