Legal Question in Employment Law in California

I am a RN and I work as a FT/Salaried, Exempt employee in CA in a vocational college teaching nursing students. The school was closed for a few days during the Thanksgiving week (although I did teach part of the week). The owner of the school notified me that I will not be paid for the days the school was closed or use I have to use PTO. She stated she only has to be pay me for the days I worked and the official school holidays, but not the other days the school was closed. I thought as an exempt employee I still had to be paid my regular salary, despite the school closure. The owner informed me my exempt status just means I am not entitled to OT. This issue is going to come up again in the next few weeks because the school will be closed for the winter/Christmas break and I do not have enough PTO to cover the days the school is closed (I also do not believe I should be forced to use PTO). My question is am I entitled to my full pay despite the school closure?


Asked on 12/14/11, 6:47 pm

1 Answer from Attorneys

The owner of the school is correct. Salaried exempt employees must be paid in minimum units of a day. So any day you work at all you must be paid for a full day at the pro-rata rate of your salary per day. There is no requirement that you be paid for any day you do not work, however, unless your compensation agreement includes PTO, vacation time, sick pay if applicable, etc., and you elect to be paid under those rights. It makes no difference if you are not working because you choose not to work, are unable to work, or your employer chooses not to have you work. You only get paid when you work, or you use compensation you are entitled to for days not worked under your compensation plan.

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Answered on 12/15/11, 1:04 pm


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