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If I am on salary and my pay gets docked for missing one day is tha legal? And I work alot of overtime and do not get paid for i

Vista, CA |

When I was hired through this company I was told I would be paid salary and the put me as an exempt employee. I work 12 hours a day but on pay stub shows only 40 hours . Is that legal. Also I was forced by owner to use my vehicle as a company vehicle and now it broke down she the owner tells me to figure out something or find another job.

Attorney Answers 4


  1. If there are hours on your wage statements and they are not accurate, then your statements are likely inaccurate in violation of Cal. Labor Code 226, triggering penalties for every pay period that they are inaccurate.

    More importantly, it is not clear that you were properly classified as an exempt employee. In order to be properly exempt, you need to meet several requirements as set forth under law. Additionally, if you were using your own vehicle, you may be entitled to unreimbursed business expenses under 2802, including but not limited to mileage, fuel expenses, or an other accurate determination of expenses incurred as a result of work. Contact a labor law attorney immediately.

    Any post of discussion above is general in nature and is not intended to and should not be construed as legal advice. Furthermore, the above posting does not create or establish any attorney-client relationship. Contact an attorney as soon as possible to discuss your legal options. [John D. Wu is licensed to practice law before all California federal and state courts]


  2. Your question raises a number of issues.

    First, if you are an exempt employee, in order for your employer to keep your exemption, they must pay you the same salary every week, regardless of the quantity or quality of your work. However, in certain situations they are allowed to deduct an entire day of pay, for example, if you do not work AT ALL during the day because of personal reasons.

    Now, there is also the question of whether your employer has properly classified you as an exempt employee. This will depend on (1) how much you are paid and how you are paid, and (2) what your duties are and how much time you spend performing each duty.

    As for your personal vehicle, your employer may require that you have a working vehicle as a condition of employment. However, they MUST compensate you for use of your personal vehicle for work purposes. The most common and straightforward method of compensation is to pay you the current IRS rate for mileage (I believe it is currently 56.5 cents/mile).

    With that said, California wage and hour law is extremely complex, and the above is only a general overview based on the information presented in your question.

    You should speak with an experienced California employment lawyer immediately regarding your situation, and whether and how to proceed.

    Good luck!


  3. A lot more information is needed but just b/c they declare you exempt does not mean you truly are exempt from OT laws. Second, if you use your car, at the owner's direction, for company business, they owe you costs of repair, mileage and a whole host of other items..Regardless, DO NOT QUIT - if they fire you, at least you can get unemployment. Contact a Firm in your area such as ours or another one that handles these types of cases for a free consultation..Good luck. Dave

    Legal disclaimer: Please be advised that the advice provided does not create any attorney/client relationship; that due to the various state laws that the information provided is a general overview of the law, which might not be applicable to you, based upon the laws of your state. We will not file anything on your behalf nor protect any statute of limitations which might arise and recommend that you IMMEDIATELY consult legal counsel for adviceThis response does not constitute or make an attorney-client relationship as it is made for general purposes; answering attorney does not possess enough information to inform recipient of the applicable statute of limitations. You may also contact Mr. Hiden at (619) 296-5884 or by email at "dhiden@hrollp.com"


  4. Call an employment law attorney to discuss. Many employment law attorneys offer a free initial phone consultation. If you are truly nonexempt (depends on your duties), you are owed overtime (at least time and onehalf) plus interest plus money because you had to wait to get paid and the law requires that your employer "shall" pay your attorneys' fees. In addition, it is unlawful for an employer to require employees to purchase things for their job - including the free use of a car, gas, etc. for company purposes. An employment law attorney may be able to get what is owed to you by advising you want to do for a small fee or by writing a demand letter to your employer at no cost to you - but your employer would have to pay your attorney. Call to discuss.

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