Salary reduction for "unpaid" holiday

My employer has a policy of deducting pay for "unpaid" holidays, which results in my not earning the salary offered when I was hired. When I asked him about this, he said the salary offered to me was on an "annualized basis"--that it doesn't mean I will actually make that amount. Can he do this?

1 answer  |  asked Mar 7, 2002 03:41 AM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
no "accrualized basis" exception

your employer's policy may be illegal. if so, it could render you and all other exempt employees nonexempt for purposes of overtime. it depends if your base salary is on an at least weekly basis.
also, you may be nonexempt based on your actual duties, whether or not you are paid a "salary".
there is no "accrualized basis" test under the wage and hour laws for such a payment method.
you need to talk to an attorney experienced in employment law.
if you are in southern california, please call me for an appointment. if you are not in southern california, i can refer you to someone who can help you.
janet koehn
805-658-0655

posted by Janet M. Koehn  |  Mar 9, 2002 10:09 AM [EST]

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