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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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Im a VP of a entertainment company and recently took 3 dyas

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I'm a VP of a entertainment company and recently took 3 dyas of unpaid vacation. During that time I was asked to work 5hrs on one day and 2 hours the next. Do I have any ground to request pay for that time
Hello,

I'm assuming that you are a salary-exempt employee (you are not ordinarily paid by the hour, but rather the same amount each month).

The "salary basis" test means an exempt employee must receive a full salary in any workweek in which he or she performs any work, regardless of the number of days worked, unless an exception to the general rule applies. 29 CFR § 541.602(a).

An employer may deduct from a salary-exempt employee's pay for full days on which no work is performed if the absence is due to "personal reasons, other than sickness or accident." 29 CFR § 541.602(b)(1).

Thus, if you are a salary-exempt employee, and your salary was reduced by the three days of personal leave, and then you worked during two of those days, then you are entitled to full pay for each of the two days during which you performed any work.

Hope this helps.

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