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gumby3419
06-28-2009, 11:42 PM
I work a rotating 12 hour shift. It has me working 36 hours one week and 48 the next. Since I am salaried/exempt, my employer pays me 40 hours per week regardless of hours worked. I have no problem with this. My issue is with time off. All of our time off is lumped together as PTO. I am planning to take off the week that I work 48 hours. My question is, can my employer charge me for 4 PTO days(48 hours). I will only be recieving 40 hours on my check. Can my PTO time be broken up to where they take 3 days PTO(36 Hours) and 4 hours from another day? this will leave me with 8 hours of PTO which will not work for me since I work 12 hour days. The other issue I am having is concerning holidays. There are 3 other supervisors that work this rotating shift. All other salaried/exempt employees work 9-5 monday - friday. If a holiday falls on a work day the other exempt employees are given the day off with pay or are allowed a comp day if they are needed to work the holiday. The 4 of us working the rotating shift are required to work the holiday if it falls on our schedule. No problem there except that my employer will not give us a comp day. Is this legal?

Pattymd
06-29-2009, 04:36 AM
The answer is both your questions is yes. You are taking 48 hours off, so your PTO balance can be decremented by 48. And I agree it would be nice if the employer would provide for another day off when you have to work the holiday, they aren't required to. Neither federal nor Virginia law prohibits either of these actions.

gumby3419
06-29-2009, 05:37 AM
The answer is both your questions is yes. You are taking 48 hours off, so your PTO balance can be decremented by 48. And I agree it would be nice if the employer would provide for another day off when you have to work the holiday, they aren't required to. Neither federal nor Virginia law prohibits either of these actions.

So they can charge me 48 hours PTO time and only pay me 40 hours? Makes no sense to me but thank you for the quick reply.Good info to know.

cbg
06-29-2009, 05:57 AM
You are being paid for all the hours you work, not just 40. It is not uncommon for payroll softwares to default to 40 if a specific other number is not input, so I do not question that your paystub might read 40 hours, but your salary is paying you for all hours worked, no matter how many or how few.

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