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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37639
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Would an employer be obligated to pay a salary exempt employee

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Would an employer be obligated to pay a salary exempt employee a full bi-weekly salary (80 hours) even though the employee was absent 5 consecutive days with no authorization and has not called (no call / no show)?

Good morning Mariela,

I'm Doug, and I'm sorry to hear of the confusion.

Actually, if a salaried exempt employee misses an entire work day of scheduled work, and is not out on sick leave or out because of an accident, then the employer may deduct the day's salary from the wages of the employee. If only a partial work day is missed, then wages are owed but the employer may dock the employee vacation or PTO time for the missed time.

Additionally, the employee may be disciplined, or even terminated, for the no-call/no-show. If termination occurs, you are only obligated to pay wages through the last day the employee actually worked.

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I wish you the best in 2012,


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