Must I pay an exempt employee who worked during their vacation?

The law states that salary is a pre-determined amount that is not subject to reduction because of variations in the quality or quantity of the work performed (29 C.F.R. 541.118 in the Code of Federal Regulations is the basis for the California enforcement policy).

Deductions may be made when the exempt employee absents themselves from work for a day or more for personal reasons. If the “work” assignments are outside of the office environment, then the employee would still be at “work” for salary purposes.

The California Labor Commissioner’s position is that the exempt employee may not absent themselves, but contend they were “generally available” so as to defeat the expectations of