I am an exempt salaried associate. Our office has chosen to close for Mardi Gras (Fat Tuesday) and all exempt associates that work in this office were instructed that they must use their PTO (Vacation time) to take this day off.

Is it legal to force us to use the take time off that we earn based on our hour of service, when the decision to close our office was not ours to make?

Yes, it is. There is no law that requires them to provide vacation or PTO at all; they get to make the rules about how and when it is used.

I find it odd that a company would force an employee to take vacation on a day that the employee would normally have worked. Something seems wrong with that picture. If I decide I want a day off I pay for it, they decide what day off and I still pay for it? Umm I don't think so.

Concepts such as "Exempt" and "Salaried" are a function of a federal law called FLSA. The specific rules associated with the handling of Exempt Salaried employees are mostly a function of the 29 CFR 541.602 regulation. Among other things this regulation controls the non-payment of parts of the salary.
Federal exempt salaried rules (http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm)

The problem with your question is that vacation/PTO is not a federal law concept. The federal rules say nothing about the reduction of vacation/PTO balances. In fact the issue has come up so many times that federal DOL has made a point of saying that this is not their issue.
Federal exempt salaried vacation issues (http://www.dol.gov/esa/whd/opinion/FLSA/2005/2005_01_07_7_FLSA_PaidTimeOff.pdf)

you sure company can force you to take vacation?

Yes. I am 100% sure that an employer can force you to take vacation.

you sure company can force you to take vacation?

Yes. I am 100% sure that an employer can force you to take vacation.


I am 100% sure also.

If I decide I want a day off I pay for it, they decide what day off and I still pay for it? Umm I don't think so.

I do. Exempt employees get the same salary every week if they work any during the work week. If the company is shut down for a day, it has one choice. Pay the employee. That pay may come out of any available PTO.

Now, if the exempt employee has no PTO left, he/she must still be paid for the day.

I find it odd that a company would force an employee to take vacation on a day that the employee would normally have worked. Something seems wrong with that picture. If I decide I want a day off I pay for it, they decide what day off and I still pay for it? Umm I don't think so.


Think anything you like. We're telling you what's required by LAW.

They are the employer & they get to make the rules how/when PTO is used. There is no law that says they can't - they don't even have to offer PTO.