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Salaried Exempt employees Forced to take PTO or No Pay Nebraska

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  • Salaried Exempt employees Forced to take PTO or No Pay Nebraska

    At my company, salaried (exempt) employees are forced to either take PTO or no pay if you can't make it into work EVEN IF the legal authorities restrict travel to emergencies only (like in a really bad blizzard). How is this legal? If it is legal, our laws need to CHANGE!

  • #2
    It is legal because no law says otherwise. At least as far as the PTO is concerned. I'd have to check the no-pay in this situation. DAW?

    The way to get a law changed is not to vent on a message board, but to lobby your elected representatives for that change.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      But isn't PTO considered a guaranteed part of your salary?

      Originally posted by cbg View Post
      It is legal because no law says otherwise. At least as far as the PTO is concerned. I'd have to check the no-pay in this situation. DAW?

      The way to get a law changed is not to vent on a message board, but to lobby your elected representatives for that change.
      It sure seemed that way when I got hired. So if an employer can take your PTO away, can they just change you salary on a whim also?

      Oh, and most of our elected representatives make a living from our corporations so unless they fear not getting re-elected they will do nothing.

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      • #4
        Not under the law it isn't. Unless you have a valid and enforceable contract that says otherwise, PTO is a benefit offered at the opt of your employer. It is considered wages in very few states, but even in those states (my own is one of them) the employer CAN legally mandate how and when it is used. (Some limited exceptions in California). Few if any laws regulate it and the employer can pretty much decide for themselves when and how it can/must be used.

        Oh, and yes, your employer can change your salary. What do you think he's doing when you get a raise?
        Last edited by cbg; 12-05-2007, 11:40 AM.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Thanks for your insite.

          Looks like I'm going to need to find a way to make my elected official fear for his job.

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          • #6
            Originally posted by DaPhotoGuy View Post
            Looks like I'm going to need to find a way to make my elected official fear for his job.
            That will be easy. Few legislators have business experience and don't understand that paying employees that did not work is an expense that comes right off the bottom line.
            Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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            • #7
              It doesn't have to come off the bottom line.

              Originally posted by ScottB View Post
              That will be easy. Few legislators have business experience and don't understand that paying employees that did not work is an expense that comes right off the bottom line.
              The top executives can just cut their salaries by a two or three million and will cover it just fine. I think they can survive on what's left.

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              • #8
                Originally posted by DaPhotoGuy View Post
                The top executives can just cut their salaries by a two or three million and will cover it just fine. I think they can survive on what's left.
                That is a different issue for publicly traded companies.

                Expect to see stockholders holding them to higher standards, especially when it comes to bailing out.
                Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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                • #9
                  Originally posted by cbg View Post
                  It is legal because no law says otherwise. At least as far as the PTO is concerned. I'd have to check the no-pay in this situation. DAW?
                  PTO is state law only, and Nebraska is not my state. Sorry.

                  Past that the rules on Exempt Salaried employees are the federal 29 CFR 541.602 regulations, which have been generally stable since the 1930s. There is a $455/week minimum salary level, a need to hard qualify for Exempt status, and certain restrictions on docking. PTO however is not a federal law concept and federal DOL is on record (repeatedly) as saying that it is none of their concern. That means the state gets to decide and different states have different rules.
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

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                  • #10
                    This is just some info I have in my notes that I wrote down one time - can't verify that it is correct. However; my notes say that if an exempt employee can't make it into work (for the whole day) because of the weather it's considered a "personal day" off & they don't have to be paid for it though the employer can charge it to PTO if they have it. I don't have anything on Nebraska specific.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                    • #11
                      Originally posted by Betty3 View Post
                      However; my notes say that if an exempt employee can't make it into work (for the whole day) because of the weather it's considered a "personal day" off & they don't have to be paid for it though the employer can charge it to PTO if they have it. I don't have anything on Nebraska specific.
                      Agreed under federal rules. State rules could be different.
                      "Reality is that which, when you stop believing in it, doesn't go away".
                      Philip K. **** (1928-1982)

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                      • #12
                        I doubt (but don't know for sure) that Nebraska would have a state rule on this different than federal - Ca. might.

                        OP - your employer didn't call off work for the day did they -- just want to be sure (would make a difference to part of the answer). If work was called off due to the weather, then I believe you would have to be pd. whether you had any PTO days or not. It doesn't sound like work was called off - just that some of you couldn't make it in.
                        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                        Comment

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