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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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If my salary employee misses a day of work or any hours of

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If my salary employee misses a day of work or any hours of work due to personal reasons am I allowed to deduct his pay even though he is salary? I authorized him to take that time off to take care of those matters, but I do not wish to pay him because he did not complete his tasks for that day or those hours and cost the business money by turning away customers. If I am required to pay the employee because of salary, is it lawful for them to waive pay for a day or time they did not work?
Your employee should not be salaried as we've discovered, so you wouldn't be deducting anything from his or her salary.

If you had a legitimately salaried employee, you couldn't do this either, unless the employee performed no work at all in a day.

It's not legal for them to waive pay for a day or time that they did not work.
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

If I get my books and pay corrected then, is it legal for my employee to waive any further action if they agree to a back pay package?

Hello Kyle,

Yes, that is legal, if that would be a settlement agreement, she can waive her rights to proceed against you with the Labor Department and/or in court.
Joseph and other California Employment Law Specialists are ready to help you