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Court of Appeal Rejects Labor Commissioner's Analysis and Permits Partial-Day Deductions From Accrued Vacation Time for Overtime Exempt Employees in California.
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Mondaq Business Briefing
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August 9, 2005
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Copyright informationCOPYRIGHT 2005 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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By Emery C. Shiau & Jack Steven Sholkoff (Los Angeles)
Originally published August 5, 2005
The California Court of Appeal recently held that employers may require exempt employees to use their vacation time or paid leave to account for partial-day absences. The Court's decision in John Conley v. Pacific Gas & Electric Company, Cal. Ct. App., No. A105832, 7/21/05 contradicts prior opinion letters of the Division of Labor Standards Enforcement (also known as the Labor Commissioner). The Court's decision permits employers to hold employees accountable for partial-day absences by deducting accrued vacation time for the time off, which was previously not allowed under the ...
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