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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 28000
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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We are an Ohio engineering firm with one employee in San Diego,

Customer Question

We are an Ohio engineering firm with one employee in San Diego, who also is the registered professional and obviously manager of that office. He neglected to turn in his time sheets as of 2/26 despite several warnings, and now demands that he get paid for hours he claims he worked. He is a regularly scheduled 32 hour/week person. Full time is not needed in that office due to workload. Any ideas? I am the in-house attorney for the company here in Ohio. Thanks
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good afternoon Counselor,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Is this professional a salary exempt employee, or hourly?

Doug
Customer: replied 1 year ago.

Exempt

Expert:  LawTalk replied 1 year ago.
Good afternoon James,

Thanks for the additional information.

As a salary exempt employee, he is entitled to his salary and no overtime---regardless of whether he works one hour, or 80 hours in a given week. The fact that he fails to follow instructions and timely file the time sheets does not allow the employer to withhold his salary, under CA law.

While the employer is certainly able to punish him for being neglectful of his duties, and even terminate him for insubordination---presuming he does not have a contract which would prevent that---wages may not be withheld to coerce the doing of something that he should have already done.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
LawTalk, Attorney
Satisfied Customers: 28000
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks Doug. certainly not the answer we would have liked to have heard, but one we expected given the preliminary research we did from back here. We were hoping his exempt professional, administrative, executive status might have given some leverage here...but apparently not. Thanks

Expert:  LawTalk replied 1 year ago.

Good afternoon,

Thank you for your kind words, James. They are appreciated. Please keep in mind that until you rate me highly for my service, I will not be credited with helping you.

Thanks again.

Have a great day,

Doug

Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, James. It has been my pleasure to assist you and I hope you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

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I have 30 years of experience in the practice of law, including employment law and discrimination law.