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Can I dock the pay of a salaried general manager for taking…

Customer Question
Can I dock the...

Can I dock the pay of a salaried general manager for taking time off?

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?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The owner feels he should not get paid because he took off Tues, Wed and

Submitted: 7 months ago.Category: Employment Law
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Answered in 5 minutes by:
11/27/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,291
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a CA licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
The general manager here makes a salary of $7500 per month plus commission. He has been here since April. He hurt his back the first week he started and we paid him for time off. Las week for Thanksgiving, he worked Monday only. Off on Tuesday, Wednesday and Friday and will be in some time today (around 1 or 2) The owner would like me to keep track of days he is not here and dock him his salary. Is that legal?
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Understood. Bear with me a moment while I review:-)

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Customer reply replied 7 months ago
No phone call, please. e-mail would be best
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Oh, that’s not a problem with the phone call. The system automatically asks if you want one, but there is no problem declining the request. One moment while I review your situation.

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Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience on this. Generally, in California, you can only dock the pay of someone for state and federal taxes or if it is for some other authorized reason such as union dues, insurance, or retirement benefits. Otherwise, you have to pay an employee for all hours worked or the agreed upon salary. In your case, you won't be able to dock his pay for excessive absenteeism as he may be able to file a wage complaint with the state department of labor. On the other hand, because CA is an at-will employment state, you could terminate, demote, suspend, or put him on probation as a result.

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Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Did you have any other questions for me today that I could help you with?

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Customer reply replied 7 months ago
you are saying that we cannot dock his salary for the 3 days that he is not here? Roughly, about $250 per day.
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Correct. If you dock his pay for being late when he is a salaried employee, the company would be breaking the law and could be subject to a complaint by the state.

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Customer reply replied 7 months ago
I don't mean for being late, but for being off full days.
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Even then, you won't be able to do such a thing, if they are on salary. If they were an hourly employee, but missed their shift, you wouldn't have to pay them. However, if he is a salaried employee, even if he misses a day unauthorized, then you still have to pay him.

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Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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