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  • PTO when closed Nevada

    I am a salaried employee and when the business is closed for holidays, I have to either take PTO or get unpaid for that day. This was something that I wasn't told about until after I was hired, and there is nothing in the contract that I signed. I'm told that it's in their employee manual.

    On the weeks that they are closed, there is no way I could work additional hours to keep from getting docked. Is this something they can do?

  • #2
    If by "salaried", you mean exempt, no that isn't legal. It is legal to make you burn PTO to substitute for regular pay but, if you are out of PTO, you still must be paid for the day, if you performed any work at all during the workweek.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Thanks for the quick reply. I am an exempt employee and my PTO is now in the negative. Tomorrow they will deduct more PTO and I will be further into the negative.

      Do you know if there is a statute that I can reference on this?

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      • #4
        Hold on. Docking your PAY is illegal in this situation. Docking your PTO, even putting your PTO into the negative, is NOT illegal. All the DOL cares about is that the dollars in your paycheck are not cut. The DOL doesn't care what the employer does with your PTO.
        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
          http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

          Paragraph (a) is the general regulation. Paragraph (b)(1) through (b)(7) are the only allowed exceptions.

          Assuming, of course, that the employer is subject to the FLSA. What type of business is this?

          BTW, was this a last-minute decision by the company? Would probably be a good idea in the future to save a few PTO days for occasions just like this. They CAN put you in the negative if they choose, then you'll be even further behind.
          Last edited by Pattymd; 12-24-2007, 08:40 AM.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Thanks again for help from everyone.

            This is a medical clinic that I supervise--one of many from the same company in Northern Nevada, with about 75 employees.

            I have worked here for 2 years and have now only received an accounting of my PTO (previous attempts to get an accurate record have been fruitless). On my last bimonthly paycheck, I was dinged 200 hours of Annual leave from my Temporary Military assignment in September/October. It's also a cumulative of PTO that was taken over the last 2 years that had not been previously accounted for--by their books. This leaves me with a negative balance of 130 hours. The argument with them is, the days that clinic are closed are unpaid or PTO days and I am deducted for that reason.

            I signed a 5 year contract with a yearly salary and a designated period of "vacation". My contract specifically states that I am an exempt(salaried) employee.

            I know that trying to fix the regressions of 2 years is tough, but I admit that I am a ****** and I trusted my CEO when he told me things would be alright. Also, to walk away from the contract now would mean that they do not have to pay a substantial amount of money owed to me.

            I have been looking at 29 CFR 541.118 and wonder if that applies to me and if it does--how. Labor laws are more nebulous than medical insurance. I want to resolve this responsibly without threats or coercion, but need some type of standing when I asked that this be fixed.

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            • #7
              Thanks Pattymd for the link. I know what I read of the statutes is what I want to hear--but I don't know what precedence has been set and my interpretation is accurate. I figure that I will at some point need to get an attorney, but am hoping that we don't need to get at that point. I wuld really like to come up with an agreement without being an indentured servant.

              As it stands, with holidays getting deducted from my PTO and my military service commitment, I will continue to go further into PTO debt without ever taking a vacation. Can they make me work for free to satisfy that debt, or repay what they have already payed me?

              I really don't want to bring this up with a military legal officer. The reason is that right now they want to pursue any civil employer infraction; during a time of National conflict.
              Last edited by bshuman; 12-24-2007, 12:40 PM.

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              • #8
                Originally posted by bshuman View Post
                I have been looking at 29 CFR 541.118 and wonder if that applies to me and if it does--how.
                The old 541.118 regulation was replaced in August 2004 by the 541.602 regulation (part of the so-called "Fair Pay" changes). Both regulations place signficant restrictions on the employer for docking the salary of Exempt Salaried employees.

                Federal labor law and related rules have nothing to do with PTO balances. Federal rules for Exempt Salaried employees cover the docking of the salary only. PTO handling is solely a function of state law (if any) and company policy.

                http://www.dol.gov/esa/whd/opinion/F...aidTimeOff.pdf
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  Quite interesting,

                  Since Nevada is a right to work state, I don't think that there is anything more restrictive. I think back to a past holiday week where I agreed to work an extra day because of vacation coverage. As a result, I worked a 40 hour week, and am now being told that I have to take a day of PTO for the holiday, since I'm an exempted employee. I don't get credit or pay for the extra day I worked.

                  I swear I am not making this up and have documentation. It's just so hard to work through the intricacies of labor law. As you may suspect, there are other contract issues. I'm just trying to figure out what fights I can pick.

                  Thanks again for all your help

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                  • #10
                    First of all, "right to work" means you don't have to join a union to get a job. It has nothing to do with this situation.

                    Since you are exempt, you are not entitled to either overtime pay or extra days off when you work over 40 hours in a week; 40 hours means nothing for exempt employees. Nothing illegal in this situation.

                    Paragraph (b)(3) of the regulation I linked you to previously states that your salary cannot be docked for temporary military duty. And it was not; PTO was used and, as DAW previously stated, the FLSA does not state this cannot be done. It is not uncommon for companies to require you to use PTO time to substitute for salary for this obligation. In the future, you can request, however, that you take that time without pay; as long as the workweek coincides with your reserve duty, it would not be illegal for the company to let you take those two weeks without pay.

                    You mention a contract. Have you reviewed the document with an attorney? What many people think is a contract is actually nothing more than a offer letter and/or statement of terms of employment.
                    Last edited by Pattymd; 12-24-2007, 03:52 PM.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                    • #11
                      Thanks again for the info, I do now understand how it works. There is a contract for some asset transfers and I will need an attorney for that. I'm just trying to figure out what battles to pick.

                      you've been very helpful and I have a much better understanding of exempt status

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                      • #12
                        Originally posted by Pattymd View Post
                        Paragraph (b)(3) of the regulation I linked you to previously states that your salary cannot be docked for temporary military duty. And it was not; PTO was used and, as DAW previously stated, the FLSA does not state this cannot be done.
                        FLSA does not care, but USERRA does. An employer cannot require an employee to use PTO while the employee is on military leave.

                        http://www.dol.gov/elaws/vets/userra/ben_vaca.asp
                        Last edited by ScottB; 12-26-2007, 07:02 AM.
                        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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                        • #13
                          Originally posted by ScottB View Post
                          FLSA does not care, but USERRA does. An employer cannot require an employee to use PTO while the employee is on military leave.

                          http://www.dol.gov/elaws/vets/userra/ben_vaca.asp
                          ScottB, is that for the 2-week reserve training also?
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                          • #14
                            That would apply to any military service, from a four hour unit training assembly through a five year active duty call up.
                            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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