California Law
Q.Via a coffee-house discussion with a friend who is an HR rep for a corporation in San Diego, I learned the following _alleged_ fact about CA Labor Law: If you are an exempt employee and you work any time at all during the course of a normal business day, then you must be paid for the entire day. E.g. If I work for 4 hours and then go home sick, the employer can not force me to use 4 hours of PTO or Sick Time to round out the day. PTO and Sick/Vacation time can only be charged in whole day increments. Is this true? Does anyone know the SPECIFIC sections of CA Code that address these issues?
A.One other interesting point of law that I discovered while researching the above issue. . . As a computer professional in California, you can NOT be considered "Exempt" unless you meet the criteria of the test in section 515.5 of the CLC There are three categories of workers for payroll purposes; hourly, salaried exempt, and salaried non-exempt. In law, salaried non-exempt is difficult to distinguish from hourly, but the accounting is done differently. California, in 515.5, sets off a separate category of hourly workers exempt from the State time-and-a-half requirements for overtime, although they are still required to be paid time-and-a- half if they meet the Federal requirements. (However, some such workers could be California hourly and Federally salaried exempt.) Unless another exemption applies for California, or they work more than 44 hours a week and are considered non-exempt for Federal purposes, they need be paid straight time for overtime
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