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  • vacation pay question

    Hi,

    First of all, I would like to introduce myself. My name is Regina and I am an HR Manager for a large Landscaping company in Sparks, NV. I've been browsing the boards and have found some excellent information.

    My company is planning on closing for the 2 weeks for the 2008 holidays for the first time. Before I finish the holiday schedule, I want to be sure we can legally even do this.

    We employ both hourly and salaried staff. I know that the hourly staff is simply out of luck since they don't receive paid holidays or PTO.

    As far as the salaried staff, we will be paid for the 4 days, 2 for Christmas and 2 for New Year's, from our 8 paid holiday days. For the other 6 days, they want us to use our PTO days.

    Here are my questions...

    1. If we don't have enough PTO to cover it, can our paychecks be docked for those 6 unpaid days? Let's assume that during the 2 weeks, we will NOT be working any hours.

    2. As far as I go, I will end up working a day during one of the weeks doing payroll. Since I will have a day worked, will they have to pay me for the entire week, since I worked some time during the week?

    Thanks for your help

    Regina

  • #2
    Originally posted by repting View Post
    Hi,

    First of all, I would like to introduce myself. My name is Regina and I am an HR Manager for a large Landscaping company in Sparks, NV. I've been browsing the boards and have found some excellent information.

    My company is planning on closing for the 2 weeks for the 2008 holidays for the first time. Before I finish the holiday schedule, I want to be sure we can legally even do this.

    We employ both hourly and salaried staff. I know that the hourly staff is simply out of luck since they don't receive paid holidays or PTO.

    As far as the salaried staff, we will be paid for the 4 days, 2 for Christmas and 2 for New Year's, from our 8 paid holiday days. For the other 6 days, they want us to use our PTO days.

    Here are my questions...

    1. If we don't have enough PTO to cover it, can our paychecks be docked for those 6 unpaid days? Let's assume that during the 2 weeks, we will NOT be working any hours.

    2. As far as I go, I will end up working a day during one of the weeks doing payroll. Since I will have a day worked, will they have to pay me for the entire week, since I worked some time during the week?

    Thanks for your help

    Regina
    It is a lot better if you start your own thread for questions like these. Maybe cbg will pull your post (and mine) to a new thread.

    First off, look at work weeks, which are not the same as calendar weeks. If an exempt employee works one day in a work week and the company is closed for the rest of the week, the exempt employee must be paid in full for the week. PTO could be charged. PTO could go into the negative, since the alternative is for the company to use available PTO and then pay the balance out of pocket.

    Assuming that you did no work at all during the two weeks (but the company paid you for four days holiday, very generous), they don't have to pay you a dime if you have no PTO available. Well, for that matter, they don't have to pay you out of your PTO, either, since there is no requirement that you be paid at all, but that would be short-sighted.

    If you work ANY during the work week, all bets are off and you must be paid for the full week. If your PTO bank does not have enough to cover it, the company can run it into the negative or take it out of pocket. (Under those circumstances, I would opt, as the employer, for the negative PTO).
    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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    • #3
      Maybe cbg will pull your post (and mine) to a new thread.


      Done!
      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.

      Comment


      • #4
        Official plain English explanation on this subject

        Hi,

        Regina and I are actually colleagues in Reno/Sparks Area, in the same general construction industry and had been discussing this issue as I have been discussing it with my own employees.

        This is a particularly hot topic here in construction because of the slow down, which has bankrupted more than one company and caused national public builders to pull out of the area... After a few calls to refresh my brain, in plain English ScottB is absolutely correct. The Nevada Association of Employers provided me with the following link that describes this in plain English the ins and outs of deducting from exempt employees paychecks:

        http://www.dol.gov/esa/regs/complian...17g_salary.pdf

        Now with the company shutting down (I used to work for this company, it's odd that they would do this, those two weeks are typically the perfect time for the administrative team to catch up on work) the basic theory is the same, they can require you to take and even take your PTO balances into the negative for any day that you do not work, but they do have to pay you one way or the other for the full week. Meaning if you work for 2 hours on Monday they must pay you for the full day Monday, and will need to ensure that the rest of the week is paid either by paying you like you worked, or using PTO, Vacation or Holiday pay to bring you to your weekly salary amount. Now if you don't work for the week due to personal time off, being sick, requesting time off, etc., they do not have to pay you, you can request PTO but they do not have to grant it, the Feds and Nevada both do not regulate bona fide absence plans.

        For weeks that they have shut down the company and the exempt employee does not work, they do not have to pay the employee or can force you to use time from your pool of vacation and or PTO in order to receive pay.

        The one thing that the NAE cautioned me about is work weeks, an employee could come in for an hour and they have to be paid for the full week. So if your work week is say Saturday through Friday, the employee can not work at all during that 7 day period or they will have to be paid for the full week.

        The only time you can deduct from pay for a week is if you offer a bona fide plan (Sick/Vacation/PTO, etc.) and the employee misses one or more full days. You can never deduct for partial days.

        Kevin

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