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.
this is a proposed regulation and is not finalized!
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.
Pay-docking Against Exempt Employees Vacation/Sick/PTO
The rumor is that employers
are now allowed to deduct a partial days of
vacation/sick/PTO time for exempt positions.
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.
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
We'll keep you