California Employment Law

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California Employment Law
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Would an employer be obligated to pay a salary exempt employee

a full bi-weekly salary (80...
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)?
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11/1/2012
LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37,857
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
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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.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.


Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time in assisting you.
Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and contact me with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to address your concerns to your satisfaction.

I wish you the best in 2012,

Doug

LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37,857
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
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