Last week a person in Huntington Beach...

Last week a person in Huntington Beach asked whether he is an exempt employee, considering that he is forced to use vacation time for less than full-day absences at the job and is docked for less than a full day when he is ill and has exhausted his sick leave.

One of the many requirements for an exempt employee is that they are paid a salary. Both state and federal regulations require that salaried employees receive their regular weekly salary regardless of the number of hours actually worked in a week. For absences of a full day or more, employees may be credited with earned sick leave or vacation. No deductions may be made for less than a full day under most circumstances.

If the exempt employee has no sick leave or vacation, they must be paid their normal salary regardless of the number of hours worked in a day or week.

Regardless of an employee’s job duties, if they are not correctly compensated on a salary basis, the employer may not claim that they are exempt, and the employee may be entitled to back overtime pay. The employee should contract the State Labor Commissioner for more information.

--Bruce Matlock, attorney Del Jones Associates, Fullerton