I am currently a salaried employee. Meaning I am paid twice a month no matter what hours I work. Any overtime I work are banked at comp time off. If I take off any time during the week it goes against my PTO or CTO. Does that still make me salaried or am I hourly? Anyways. I recently had a baby and took 3 months off with stipulations. I worked from home when work was available. I had 3 weeks saved up to use for some of this time and was ready and willing to suffer not having a paycheck during the time that I did not have anymore CTO or work available to work on from home. My employer decided to pay me no matter what I worked, if at all, and said not to worry. Well, now I am back to work fulltime and he has now come to me wanting to know how I plan on pay him back for the hours that he paid me that I didn't work. He's wanting to take my Christmas bonus, my raise that I am due for, and any sick, overtime or compt time that I get in the future away from me in order to pay him back. Is this legal? There was never a written agreement on any of it. Nor is there a company policy. He told me not to worry about anything and that I was a loyal and good employee to the company so I deserved being treated so, but now he's wanting me to pay him back for something I never asked him to do. I don't know what to do! I can't afford to pay him back with money. I can pay him back in hours, but then I won't have any time to take off if I am sick or my children are sick. Then he also says that the other partners believe that I am not an asset to their company and that I do nothing. I have been at work every day, including the day I went into labor and then worked while on maternity leave on all work that was given to me. I was extremely sick and had problems with my pregnancy and almost lost my baby several times, but I was still at work every day. But I am not an asset or a loyal employee. What?! Please give me some guidance. I am at a total loss!

Please be advised that comp time is applicable to public agency employees, under certain prescribed conditions, employees of State or local government agencies may receive compensatory time off at a rate of not less than one and one-half hours for each overtime hour worked, instead of cash overtime pay. It does dot appears that public agency would apply to your situation when you boss “partners believe that I am not an asset to their company”. It appears this is a private enterprise.

If your boss paid you “no matter what I worked, if at all” would indicate that you may have received compensation for no work performed. The employer may be correct in trying to collect monies for worked not performed. You may discuss the repayment agreement with your boss to reach a mutually agreeable payment plan. The payment plan should be in writing, and could be deducted from your future wages, only after all proper and legal payment have been made to the employee. In other word if you work overtime, (if non-exempt) you must be paid the overtime at the correct overtime rate, and then make the appropriate already agreed loan deduction.

Keep in mind that it appears from your post that you did received & accepted monies-wages for worked not performed. If exempt (no overtime) the same hold true, for days in which you did not performed any work at all.