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forcing pto usage - Michigan

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  • forcing pto usage - Michigan

    Good Morning,

    I'm not certain what the law is exactly with regards to a salaried administrative employee accruing their weekly hours worked so I'm asking for clarification.

    An employee's workweek is defined by the employer as Mon-Fri, 8a-5p with 1 hour lunch per day. If that employee works 8.5 hrs per day Mon-Thurs (voluntarily taking only 1/2 hour lunches), then works 4 hours on Friday (left ill for the day) - physically working 38 hours for that week, can an employer force them to use 4 hours PTO for Friday?

    The employer did not request they work 1/2 hour lunches earlier in the week.

    Thank you kindly.

  • #2
    Lets break this into pieces:
    - Federal law cares only about time actually worked. As far as the feds are concerned, there is no such thing as paid time off in the broad or narrow sense of the word.
    - You mentioned "salaried", which is a payment basis that does not mean much by itself. Employees who are both Exempt and subject to the Salaried Basis requirement have certain restrictions on the docking of the salary. Employees who are non-exempt or Exempt but not subject to the Salaried Basis requirement do not (generally) have any restrictions on the docking of their salary. This again is federal law (FLSA), which does not care about PTO even a little bit. While it does not effect your question as worded, you should find out which classification you are under, because it does effect other things. Perhaps when you say "administrative", you mean that the FLSA Adminstrative exception is in play, which is one of the classifications with a Salaried Basis requirement. Perhaps instead you just are using the word in the non-technical sense.
    http://www.dol.gov/whd/regs/complian...a_overview.pdf
    - MI follows FLSA pretty much as as in this matter.
    - There is no federal or MI rule preventing the PTO balance as you describe. In fact in every state with the possible exception of CA, what you describe sounds legal.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      I appreciate and thank you for your quick response. This is a new job - hired July 23, 2012. I was hired to train to replace the Controller position, which I assumed to be an exempt position. The current Controller is still here (and will be for at least another year). She has me doing more administrative work (data entry, filing, paper shuffling). Yes, the administrative term I'm using is in the non-technical sense and does not fall under the FLSA Administrative exception.

      I have not been provided with a job description (even though I asked for one) describing my current duties and/or exempt/non-exempt status. She has told me that she's forwarded my request for one to the CFO, who she says (and yes, he is) very busy.

      I'm confused as to what category I'm supposed to fall under and frankly I'm not sure what the difference is. She is treating me as an hourly, but doesn't pay overtime if I stay after and work longer hours. When I had to leave early for doctor appointment a few weeks back, she had me piece make-up time together throughout the week (coming in early, no lunches).

      I'm not sure where I stand without a job description.

      You say I should find out which classification I am under, because it does effect other things. You're referring to exempt/non-exempt, correct? At this point, I would assume non-exempt if it is dependent on my current duties & responsibilities.

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