California Employment Law

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I am an excempt employee, non-union working for a non profit…

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Second opinion] I am...

Second opinion] I am an excempt employee, non-union working for a non profit agency. My mother who resides in South Africa has taken ill and I requested two months leave, which my boss granted me. I had discussed with her continuing to work remotely, which she agreed to. Then the day before I left during our final supervision meeting she notified me that she would only be paying me for 10 of my 40 hours per week. Is that legal?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time, at will

Submitted: 7 months ago.Category: California Employment Law
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Answered in 1 hour by:
12/3/2017
California Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,386
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Am I correct in assuming that when you say you are an exempt employee, you mean you are paid a flat rate salary? If so, when you say that your employer is only agreeing to pay you for 10 of 40 hours, do you mean they are only agreeing to pay 25% of your salary? I very much look forward to helping you on this matter.

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Customer reply replied 7 months ago
I am a salaried excempt employee. my mother, who resides in South Africa, has not been well and so i requested time away from work. And while I'm away I offered to work remotely. my employer agreed verbally (my first mistake!) and I made the assumption that when this happened in January of this year and I had to extend my stay where I worked remotely that we were working off that premise. Then the day before I left she said - oh and we're only paying you 10 hours per week of your 40 hours. She has since increased it to 20 and now 25 hours per week.
California Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago

Thank you for your reply.

Your employer can pay any rate that, when divided by the number of hours worked, meets or exceeds minimum wage. That said, if they pay you anything less than your full salary and its not because they are making pro rata deductions for full days you miss because of personal reasons (a permissible form of salary deduction under the rules), your employer LOSES the benefit of the overtime exemption. That said, if you are not working overtime hours, this may not matter much if at all.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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Customer reply replied 7 months ago
Thank you for this, much appreciated
California Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago

You are very welcome. Of course if there is anything more I can do for you, just let me know. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

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