my employer pays me salary with no overtime. I work 10 hours per day 5 days a week. My employer deducted 1/2 day pay because I left after 4 ...

Question

my employer pays me salary with no overtime. I work 10 hours per day 5 days a week. My employer deducted 1/2 day pay because I left after 4 hours sick. Does that change my status from exempt to non-exempt?

Answer

This fact alone might not determine your status, but this is a strong indication that you might be improperly exempt and you are entitled to hourly pay, including overtime, etc...

You should discuss your legal options with an experienced employment attorney in your geographic area.

Thanks,

Arkady Itkin

San Francisco & Sacramento Employment Lawyer

Answer

Generally, an employer may not deduct any hours from an exempt employee's pay if the employee leaves early or arrives late; as long as the employee reported for work that day, the employer must provide a full day's pay.

So, in a word, yes, your employer's deducting 4 hours from your pay because you left early one day would place your exempt status in jeopardy, assuming it was correct to begin with. Which leads to the next issue, which is whether you were properly classified as "exempt" in the first place. That is based upon several factors, including how much you are paid, how you are paid, and what your job duties are.

You should consult with an employment law attorney for further advice regarding your specific situation. Many attorneys--including me--provide free consultations.

Good luck!