Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am an exempt employee in California. I left early one day…

Customer Question
I am an exempt...

I am an exempt employee in California. I left early one day for a doctor's appointment and I was docked two hours against my sick pay. I thought this violated the Fair Labor Standards Act, but they allege that California and San Francisco law supersede this. True?

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

At will

Submitted: 11 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
9/9/2017
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 11 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,793
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Employment Law Question
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 11 months ago

I thought this violated the Fair Labor Standards Act,

Response 1: Yes, it does. You can file complaint with California Department of Industrial Relations or U.S. Department of Labor, Wage and Hour Division.

but they allege that California and San Francisco law supersede this. True?

Response 2: That is not true. The federal law supersedes state laws where federal law offers more protection for workers.

Best wishes,

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,793
22,793 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I just became salary and would like to know if what my
Hello! I just became salary and would like to know if what my employer is doing is lega. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,414 satisfied customers
I need to understand if there are provisions employees. I
I need to understand if there are provisions for Salaried employees. I can work 6 days a week and 10 hours a day but if I happen to be sick in a week were I have already worked 5 days, I am required t… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I am an employee for 2 months. (Same field 30 years)When I
I am an employee for 2 months. (Same field 30 years)When I was hired I requested to be on salary. They agreed...I have been receiving the same salary wages since. Thanksgiving week however, I did not.… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I am a salaried non exempt employee. I am however penalized
I am a salaried non exempt employee. I am however penalized if I leave early, come in late or go to a doctors appointment. Is this correct? If so, then why do they call it salaried. I have previously … read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
I am salaried but my employer schedules my work week at 45
I am salaried but my employer schedules my work week at 45 hours/week. If i am short of my 45 hours i am docked. Is this legal to schedule someone for 45 hours a week. I also am required to clock in. … read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
I work in a condo in florida & are a salary administration
I work in a condo in florida & are a salary administration employee but if I leave early my employer deducts the rest of the day, is it legal?… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Are time cards mandatory for exempt employees under California
Are time cards mandatory for exempt employees under California law? how would payroll adjust for not reporting work, vacation days or sick days? Why would an emplorer wish not to record the work hours… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
San Francisco Law pertaining to contractors My husband works
San Francisco Law pertaining to contractors: My husband works for a security company whose client is a hospital in SF. He understands that all contractors in SF are given the same benefits as permanen… read more
socrateaser
socrateaser
1,031 satisfied customers
I am a salaried/exempt manager for AT&T and on three different
I am a salaried/exempt manager for AT&T and on three different days I took 4 hours off to take my wife to her OBGYN appointment. I filed FMLA to protect my job and figured my pay would be fine. My sup… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I work in Nevada and am salaried/exempt. I came to work recently
I work in Nevada and am salaried/exempt. I came to work recently and left after 3.5 hrs because I got sick at work. My employer is docking me 8 hours of PTO (earned sick time). They state their policy… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I AM CURRENTLY WORKING FOR A CARDIOLOGIST IN HIS OFFICE AS
I AM CURRENTLY WORKING FOR A CARDIOLOGIST IN HIS OFFICE AS A NURSE, 13 YEARS. WE ARE REQUIRED TOPUNCH A TIME CARD AND ARE DOCKED FOR LUNCH, WHICH WE USUALY WORK THROUGH AND ARE DOCKED FOR TIME OFF AND… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
My fiance is a salaried employee who works well over 60 hours
My fiance is a salaried employee who works well over 60 hours a week and does not get paid for the overtime is this legal? Secondly last week he was off sick one day and they docked him one day of pay… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I work for a large mortgage company. I was hired as an exempt
I work for a large mortgage company. I was hired as an "exempt" employee. My paycheck was docked for the week I was out with the H1N1 flu - returned with a doctor's note ...and was told Exempt meant..… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
Wages and Overtime Pay Summary Paid salary but I have money
Wages and Overtime Pay Summary: Paid salary but I have money docked from paycheck. Case description: I get paid salary for a On-site Property Manager position and I work 24 hours a day( on-call emerge… read more
socrateaser
socrateaser
1,031 satisfied customers
I am an exempt salaried, office manager in the state of Washington.
I am an exempt salaried, office manager in the state of Washington. The doctor's wife handles our payroll. We are required to keep an accurate time sheet (punch in and out). I often work MANY hours ov… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I am an exempt employee working for a school district in Illinois.
I am an exempt employee working for a school district in Illinois. If I come in late or leave early am I required to use sick time, vacation time or personal time? I thought as an exempt employee, I w… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
In the state of PA, is it legal for an employer to require
In the state of PA, is it legal for an employer to require a salaried employee to punch a time card and dock for time but, never pay overtime?… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I am a salaried employee, have been for several years now(used
I am a salaried employee, have been for several years now(used to get paid by flat rate hours turned), all of a sudden I am docked for a day out sick. Then told that my past sick days have been covere… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x