How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39186
Experience:  Retired (mostly)
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Im a VP of a entertainment company and recently took 3 dyas

This answer was rated:

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

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.

NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.

And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!

socrateaser and other California Employment Law Specialists are ready to help you