Los Angeles, CA asked in Employment Law for California

Q: Hi, I am paid on a salary and my building was closed as it was deemed unsafe to work for two days should I still be paid

my building was deemed unsafe to work but we worked 3 out of the 5 days in the week and my pay was reduced without any warning. Is this normal? I have an agreed monthly salary should I still not get this amount? Also there is holidays next week for two days so will I get paid less again

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: The employer of a salaried employee does not have to pay the employee for any day the employee performs no work. Although the salary is stated on a monthly basis, whether or not the employee is paid is determined on a daily basis. If you work any part of a day, you are to be paid for that day. If you work no part of a work day, your employer may legitimately not pay you for that day.+

As to holidays, whether they are paid or not is a discretionary employee benefit to be determined by the employer. That means your employer gets to decide whether it will pay you for the holiday days. Again, the employer of a salaried employee does not have to pay the employee for days that the employee does not work.

Good luck to you.

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