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Thread: Requested to pay hours with Overtime and PTO? California

  1. #1
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    Question Requested to pay hours with Overtime and PTO? California

    Hi Everyone.

    I'm a computer programmer under W-2 fulltime, my contract indicates a fixed salary per year and I'm supposed to be paid on a monthly basis. (my contract does not specify any hourly rate, only annual, and it looks like I earn enough to be classified as "exempt")

    I work at home 100% of the time and I'm assigned to support a project according to client's needs.

    It's not usual, but sometimes the client only needs support for 20 hours/week. When that happens, I'm assigned on the upcoming week to another project that requires me to work 60 hours/week to "pay" the hours that I did not work in the previous week (there have been weeks that I've worked 80 hours). At the end of the month, if I ended up having "exceeding hours", I got paid overtime (at the same rate as a regular worked hour).

    The clients are not requiring the service anymore and I'm being fired, I'm still owed 5 days of PTO but the company states that I did not worked full time in February and are refusing to pay.

    Can a company actually do this?
    Last edited by erzerz; 11-07-2017 at 04:49 PM.

  2. #2
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    Are they stating that you use that PTO in February to make up the hours that you didn't work full-time and it's not in your bank anymore? Where their weeks in February where you couldn't later make up time you hadn't worked? For example did you work for weeks times 40 hours or 160 hours in February? If not they could've deducted some of those paid hours out of your PTO bank.

    We probably have to read the PTO agreement/policy to know if they're correct or not. But employers are allowed to pay you out of PTO money/time when you don't work the total number of hours that you're supposed to.

    I am not seeing anything directly wrong with what you have said but some may depend on employer policy.

  3. #3
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    Quote Originally Posted by hr for me View Post
    Are they stating that you use that PTO in February to make up the hours that you didn't work full-time and it's not in your bank anymore? Where their weeks in February where you couldn't later make up time you hadn't worked? For example did you work for weeks times 40 hours or 160 hours in February? If not they could've deducted some of those paid hours out of your PTO bank.

    We probably have to read the PTO agreement/policy to know if they're correct or not. But employers are allowed to pay you out of PTO money/time when you don't work the total number of hours that you're supposed to.

    I am not seeing anything directly wrong with what you have said but some may depend on employer policy.
    Thanks for answering,

    I have one week in February where I worked around 32 hours(in my contract it doesn't actually state that I must work 40 hours/week anyways). But that's not my fault, their client just didn't require full time of support and the company wasn't able to get other client to compensate.

    Regarding PTO, my contract only states that I have 10 days pro-rated and 5 sick days. Nothing else is stated regarding it.

    I'm also unsure if it was legal that they made me work 60 hours/wk to compensate that they only were able to sell 20/wk of support on the previous week.

    Thank you so much

  4. #4
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    File a wage claim with CA-DLSE. It works or it does not. (No sure things based on what you have said. I can make an argument either way).
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

  5. #5
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    agree with DAW....all you can do is file the claim and see what they produce to the state as the reason you are not being paid the PTO.

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