Exempt vs. Non-exempt Employees
The ability of an employer to suspend an employee without pay in California depends on the employee’s classification as exempt or non-exempt. Exempt employees are typically salaried and are not entitled to overtime pay, while non-exempt employees are typically paid hourly and are entitled to overtime pay.
Key Facts
- Exempt vs. Non-exempt Employees:
- The ability to suspend an employee without pay depends on whether they are classified as exempt or non-exempt.
- Exempt employees are generally salaried and are not entitled to overtime pay, while non-exempt employees are typically paid hourly and are entitled to overtime pay.
- Suspension of Non-exempt Employees:
- An employer in California has the legal right to suspend a non-exempt employee without pay for disciplinary reasons or pending an investigation into alleged misconduct[2].
- Employers are not legally obligated to provide payment during a suspension for non-exempt employees.
- Some employers may allow non-exempt employees to use vacation days during a suspension, but this is not required by law.
- Suspension of Exempt Employees:
- Exempt employees in California can be suspended without pay only for the duration of the employer’s full seven-day workweek.
- No salary deductions are allowed for partial workweek suspensions of exempt employees.
- Suspensions of exempt employees must be made in good faith and for major workplace violations[3].
Suspension of Non-exempt Employees
An employer in California has the legal right to suspend a non-exempt employee without pay for disciplinary reasons or pending an investigation into alleged misconduct [2]. Employers are not legally obligated to provide payment during a suspension for non-exempt employees. Some employers may allow non-exempt employees to use vacation days during a suspension, but this is not required by law.
Suspension of Exempt Employees
Exempt employees in California can be suspended without pay only for the duration of the employer’s full seven-day workweek. No salary deductions are allowed for partial workweek suspensions of exempt employees. Suspensions of exempt employees must be made in good faith and for major workplace violations [3].
Sources
- [1] Wrongful Suspension | Burbank Employment Law Lawyers Gallenberg PC
- [2] What Is My Right To Pay During A Suspension? (What You Need To Know)
- [3] Rules for Pay During Suspension of Nonexempt Employee – CalChamber Alert
FAQs
Can an employer in California suspend a non-exempt employee without pay?
Yes, an employer in California has the legal right to suspend a non-exempt employee without pay for disciplinary reasons or pending an investigation into alleged misconduct.
Are employers required to provide pay to non-exempt employees during a suspension?
No, employers are not legally obligated to provide payment during a suspension for non-exempt employees.
Can non-exempt employees use vacation days during a suspension?
Some employers may allow non-exempt employees to use vacation days during a suspension, but this is not required by law.
Can an employer in California suspend an exempt employee without pay?
Yes, but only for the duration of the employer’s full seven-day workweek.
Are salary deductions allowed for partial workweek suspensions of exempt employees?
No, no salary deductions are allowed for partial workweek suspensions of exempt employees.
What are the requirements for suspending an exempt employee without pay?
Suspensions of exempt employees must be made in good faith and for major workplace violations.
What should an employee do if they are suspended without pay?
Employees who are suspended without pay should immediately contact a California employment law attorney to discuss their rights and options.
Are there any exceptions to the rules for suspending employees without pay?
Yes, there are some exceptions, such as when an employee is suspended for engaging in protected activities, such as reporting workplace safety violations or discrimination.