California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello and thank you for entrusting me to answer your question.Please allow me to answer your question by first explaining that any employee can be paid on a salary basis, but only "overtime exempt" employees can be paid a flat rate salary regardless of the number of hours worked. If an employee is not "overtime exempt," they must be paid IN ADDITION to their salary an overtime rate for all hours worked in excess of 8 per day or 40 per week.Only certain limited types of positions are overtime exempt, and I'm not sure that the position you describe fits into any exempt category. Here is a summary of the primary overtime exemptions: http://www.dir.ca.gov/dlse/faq_overtimeexemptions.htmSo, it may be that even though you are being paid salary, as an employee who is not ovetime exempt you are still entitled to pay at an overtime rate for all hours worked in excess of 8 per day or 40 per week.This out of the way, I can tell you that an employer may deduct from a salaried employee's wages only for full day absences if those absences are due to personal reasons, sickness, or disability. Absences "occasioned by the employer," (i.e. workdays that you are not given the opportunity to work) cannot be deducted from one's salary even if the entire day is missed. See here for the law governing deductions from salary pay: http://cfr.vlex.com/vid/541-602-salary-basis-19683529Furthermore, if you were "overtime exempt," impermissible deductions from your salary would compromise that exemption and thus permit you to collect overtime.I realize that this is a lot to take in, but it can be summarized as follows: Even though you may be salaried, you are entitled to overtime for all hours worked in excess of 40 per week or 8 per day unless you fall into an overtime exemption, which few positions do and most 'race team' positions would not. With regard to deductions from salary, full day absences may not be deducted if the absences are occassioned by the employer, meaning that you don't have the opportunity to work.Please let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.Thank you and very kindest regards.
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