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Meal Periods:
The rumor is that if an
employer authorizes and permits a meal period (without fear
of reprisal if the employee takes the meal period) and the
non-exempt employee then chooses to not take the meal
period, that the employee will not be owed a penalty hour of
pay for not having taken a meal period.
n
Stop:
this is a proposed regulation and is not finalized!
n
Continue to provide and ensure that employees in
non-exempt positions are taking required meal periods.
Exceptions to meal periods include written waivers for the
following: 1) if the employee works between 5 and 6 hours, 2)
if the employee is entitled to two meal periods, one may be
waived, and, 3)
narrowly-defined on-duty meal periods.
Partial Day
Pay-docking Against Exempt Employees Vacation/Sick/PTO
Banks:
The rumor is that employers
are now allowed to deduct a partial days of
vacation/sick/PTO time for exempt positions.
n
Stop:
though the Labor Commissioner did recently repeal a previous
opinion letter which had stated that such a practice was not
allowable, the DLSE's Policy and Interpretation Manual has
not been revised and the Field Officers have not been
instructed to change how cases are decided.
n
Continue to pay employees in exempt positions a
salary that consists of a full week's pay regardless of the
number of hours worked in the week, with the exception of
full-days the employee is absent due to vacation/sick/PTO
time.
Bottom
line:
We'll keep you
posted! |
Now
what??
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