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How Does Salary Pay Work If You Miss a Day in California?
California has specific labor laws regarding how salary pay works when an employee misses a day. Here's a breakdown of the general rules and some important exceptions:
Base Pay and Excused Absences
- Base Pay: If you are a salaried employee in California, your base pay is typically calculated on a weekly or monthly basis. This means you receive a fixed amount regardless of the number of days you work in a given period.
- Excused Absences: If you miss work due to an excused absence (e.g., illness, jury duty, bereavement), you will generally still receive your full base pay for that day.
Unexcused Absences
- No Pay: If you miss work without an excused reason (e.g., unauthorized vacation, tardiness), you will generally not receive pay for that day.
- Dockage Policies: Some employers may have specific policies for docking pay for unexcused absences. These policies must comply with California labor laws.
Important Exceptions
- PTO or Sick Leave: If you have accrued Paid Time Off (PTO) or Sick Leave, you can use these to cover absences and still receive pay.
- Commission-Based Employees: Commission-based employees are typically paid based on their sales performance, not a fixed salary. If they miss a day, their earnings may be affected accordingly.
- Hourly Employees: Hourly employees are paid based on the hours they work. If they miss a day, they will only receive pay for the hours they worked.
FAQs
How to Calculate Salary Pay When Missing a Day in California?
- If you have an excused absence, your salary pay will not be affected.
- If you have an unexcused absence and your employer has a docking policy, your pay will be reduced according to that policy.
- If you are a commission-based employee, your earnings will depend on your sales performance during the period you missed work.
How to Know if My Employer's Docking Policy is Legal?
- Your employer's docking policy must comply with California labor laws. You can consult with the California Department of Fair Employment and Housing (DFEH) for more information.
How to File a Complaint if My Employer Unlawfully Docks My Pay?
- If you believe your employer is unlawfully docking your pay, you can file a complaint with the DFEH.
How to Protect Myself from Unlawful Pay Deductions?
- Understand your employer's policies regarding excused and unexcused absences.
- Keep accurate records of your work hours and absences.
- If you have any concerns about your pay, consult with an employment attorney.
How to Ensure I Receive All My Earned Wages in California?
- Make sure your employer pays you all your earned wages on time, in accordance with California labor laws.
- If you have any issues with your wages, contact the California Department of Labor.