As a service to our members, we will answer legal questions from our members and District 1 supporters.
You may pose employment law questions each month via e-mail to our Legal Chair, Liz Murphy, at: legal@pihra1.com
Attorney Elizabeth (Liz) Murphy, PIHRA District 1 Legal Chair, will answer three legal questions each month.
Question One: Does California Permit Make-Up Time?
Yes! California Labor Code Section 513 and the Wage
Orders allow non-exempt employees to make up work at straight time, if it is
missed because of personal obligations. The following six conditions
apply:
The work time must be missed because of an
employee's personal obligations
The employee must submit his or her request for
make-up time in writing
The make-up time must be in the same workweek as
the missed time
The time made up must not result in the employee
working more than11 hours in a day or 40
hours in a week; 5. The employer must approve the employee's written
request
The employer cannot solicit or encourage the
employee to request make-up time.
Question Two: Can a California employer require an
exempt employee to substitute paid leave for absences of less than a day
without losing the exemption?
Generally, yes. Although an employer may not deduct
from an exempt employee's salary if he or she performs any work at all during a
workweek (such as responding to emails or reviewing files from home), an
employer may require the use of vacation leave or PTO for such
"partial-day" absences, without risking the loss of the exempt
status.
See Code of Federal Regulations, Section 541.600, et
seq., Conley v.Pac. Gas & Electric Co. 131 Cal.App.4th 260 (2005).
Of course, the application of law always requires
analysis of the particular circumstances. So, while these answers contain
general statements of the law, they may not be applicable in every instance,
and should not be relied upon as formal legal advice. For specific
answers and/or formal advice that accounts for your particular circumstances,
you should consult with your legal counsel.
Elizabeth
H. Murphy, Esquire
MURPHY LAW GROUP
A Professional Law Corporation
333 South Grand Avenue, 25th Floor
Los Angeles, CA 90071
(213) 943-1309 (phone)
website: www.lizmurphylaw.com
