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by willcipriano
1618 days ago
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I don't know of any that are different, but salary law is consistent enough to know that the salary starts when the employee begins work, so in this case, moving the start date up is what is happening even if the employer isn't acknowledging it. The same goes if the employer says the start date is 1/1 but you only show up at 1/2. The salary starts when the work starts, and doesn't stop so long as you show up once a week or so. From California but similar everywhere: > Pursuant to California law, an exempt employee must receive his or her full salary for any week in which the employee performs any work without regard to the number of days, or hours worked. https://www.yourlegalcorner.com/articles.asp?id=135&cat=emp If employers don't like this, they can pay overtime instead. |
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In this case with OP, my guess is that left them two choices:
1/ Accelerate start and then as you note, pay the whole period even though it sounded like this occurred before Christmas, was only a few calls then a vacation.
2/ Pay an invoice, which is mucky since it’ll probably involve supplier setup via AP, they’re clearly a W-2 equivalent person so perhaps this complicates other things like tax or benefits, etc.
If the person is “unencumbered” (not currently employed or subject to something contractual like garden leave which prevents them assuming the new employment) and if there was real value to having them participate in the calls then certainly the easiest would be (1.) - and IME, this is how larger employers would do it.