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Pay back over-used vacation time Nevada

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  • Pay back over-used vacation time Nevada

    ACME's employees accrue about 120 hours PTO every year. A new manager was reviewing his staff's time. "Jane" was found to have taken 380 hours PTO in the past year. Her former manager (Jane's husband) did not put in for her hours, so they were not deducted from her time accrued. She currently has 140 hours banked. She is expected to leave ACME at the end of April.

    Jane is salaried, and does not receive overtime pay. (Exempt, right?)

    Can ACME take away her banked time?
    Can ACME halt her PTO accrual until she is caught up?
    Can ACME require she pay them back through payroll deductions?

    Thank you!

  • #2
    Is this an actual situation or a homework question?
    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
      Actual question regarding younger family members. They're more concerned with them having to pay back money, and wonder if the company can legally ask for repayment. They're not, however, wondering if they should step up to the plate and OFFER to repay. 'Nuff said.

      (IMHO, the company would be within their rights to require monetary repayment. But my opinion and the law, oddly enough, don't always agree. )
      Last edited by henbob6; 02-12-2010, 07:51 AM.

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      • #4
        Originally posted by henbob6 View Post
        Can ACME take away her banked time?
        Can ACME halt her PTO accrual until she is caught up?
        Can ACME require she pay them back through payroll deductions?

        Thank you!
        1. Yes. If she has taken vacation that wasn't recorded, the employer is allowed to correct the error.

        2. Probably. It would depend on whether or not the accrual is contractually obligated which, although possible, is unlikely.

        3. Now we're getting into more of a fuzzy area. As an exempt employee Jane must be paid her weekly salary in full with very limited exceptions.
        which amount is not subject to reduction
        because of variations in the quality or quantity of the work performed.
        Subject to the exceptions provided in paragraph (b) of this section, an
        exempt employee must receive the full salary for any week in which the
        employee performs any work without regard to the number of days or
        hours worked
        .
        http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

        What does Jane say about this, well, to be blunt, fraud?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Originally posted by Pattymd View Post
          1. Yes. If she has taken vacation that wasn't recorded, the employer is allowed to correct the error.

          2. Probably. It would depend on whether or not the accrual is contractually obligated which, although possible, is unlikely.

          3. Now we're getting into more of a fuzzy area. As an exempt employee Jane must be paid her weekly salary in full with very limited exceptions.

          http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

          What does Jane say about this, well, to be blunt, fraud?
          Thank you for your information and the link, Patty! It's possible that ACME won't take ANY steps in this matter, but we were curious what they COULD do.

          Jane is saying she had no idea she had taken so much time off. Her husband hasn't been approached as far as I know.
          Last edited by henbob6; 02-12-2010, 08:04 AM.

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          • #6
            Just another good reason why one family member should not report to another family member.

            She had no idea? Puh-leeze.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Originally posted by Pattymd View Post

              She had no idea? Puh-leeze.
              ::cough:: All the world's a stage...

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