A CA exempt salaried employee engaged in sales was hospitalized and underwent surgery. Was off work 5 days, checked work email and voice mail messages, forwarding to her boss 3 out of the 5 days. She was docked for 5 days. Is that legal?

Posted 01-12-2010

Ann Kiernan replies:

It doesn’t sound legal to me, based on what you have stated. Under federal and California law, salaried employees are supposed to be paid full salary if they do any work in the week, and it looks like she worked 3 days. You may want to check with a local wage and hour office.


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