Legal Question in Business Law in California

Salaried Exempt but docked hours?

(DOL URL was here Fair Labor Standards Act - Computer Related Job)

I am an exempt, salaried employee by definition of the Labor Dept (above link). I meet all the requirements to establish this qualification.

I understand sick time deductions. I�m not arguing the 2 days I was out sick between the 11/1 and 11/15 pay period.

What I question are the hours deducted on the days that I do work but leave early for whatever reason.

By the definition of salaried, exempt it appears that the following applies (more at the link below).

Being paid on a �salary basis� means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis. The predetermined amount cannot be reduced because of variations in the quality or quantity of the employee�s work. Subject to exceptions listed below, an exempt employee must receive the full salary for any week in which the employee performs any work, regardless of the number of days or hours worked.

DOL URL Link was here, too.

Please help me understand the deductions for reasons other than sick days. I don�t want to get special treatment, I just want to clearly understand where I am a


Asked on 11/15/07, 5:39 pm

1 Answer from Attorneys
Alden Knisbacher knisbacher law offices

Re: Salaried Exempt but docked hours?

You are correct -- if they are docking hours for when you leave earlier, that likely means they are violating the "salary test" of the exemption under both federal and state law. That means you would be able to sue for overtime, breaks etc. Feel free to contact me at my private email if you want more info --my phone number is on my website (can't post it here.)

[email protected].

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Answered on 11/15/07, 6:16 pm


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