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View Full Version : Being sent home if system goes down. Arizona


montlynn
05-11-2007, 10:59 AM
Our office is located off-site from the main place of business. We have computer connection issues quite often. Sometimes our system in our office will go down, but the one at the main building (which is a couple of miles away) remain online. When this happens and it does not look like we will be up anytime soon, we are sent home and told we have to use our PTO to make up for the time that was missed from being sent home (everyone in this office is a full-time employee). What I am asking is is it legal (?) for them to do this to us? PTO is for PERSONALTime Off, not for issues that are beyond our control. I would appreciate any guidance anyone can offer.

Pattymd
05-11-2007, 11:07 AM
Are you exempt or nonexempt? Whether you have to be paid or not depends on the answer. However, either way, it is legal for the employer to require you use PTO.

montlynn
05-11-2007, 11:50 AM
Yes, I am stupid. What do you mean by exempt or non-exempt? And you are saying that if they do send us home due to something that is not of our control, they do not have to pay us and we have to use PTO?

ElleMD
05-11-2007, 12:23 PM
You can find basic information about exempt status here http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm

If you are nonexempt, your employer does not have to pay you even if it is beyond your control. They may charge leave.

If you are exempt, your employer may not dock your pay for that time, but they may dock your leave.

cbg
05-14-2007, 02:11 AM
Bottom line, there is no law prohibiting them from requiring you to use your PTO time in these circumstances, regardless of whether you are exempt or non-exempt.

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