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New Member-PTO docking question Ohio

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  • New Member-PTO docking question Ohio

    Hello. Just a quick question. I am a salaried/exempt employee. Last week I had to leave an hour early from work and my boss deducted one hour of PTO from me for this day. She does this often. Is this legal?
    I was under the impression it had to be 4 hours or more.
    Please help.
    Thanks!

  • #2
    Only in California is an employer limited to four hour increments, and even there it is questionable if that limit applies, nor does it apply to all employees.

    In all other states, including CA, an employer may deduct vacation or PTO time in whatever increments they find reasonable or necessary.
    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
      So I can work 17 hours in one day, then come in an hour late the next day and they can dock my PTO? That doesnt seem reasonable. That's exactly what happened this week. I had fair in Columbus - 4 hours away from me and I didn't get home until 12:30 am. I was expected in work at 7am but couldn't make it until 8. And I get docked for that?

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      • #4
        I agree (and cbg will too) that it's not "reasonable" and it's not the way I have managed my exempt employees in the past. However, it's not illegal. Fair and legal are not always synonymous.
        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
          Agreed. The key is that "Exempt" and "Salaried" are federal law (FLSA) concepts, but PTO is not. Federal DOL, who enforces the FLSA law, is on record saying that the federal government could not care less what happens to the PTO balance as long as pay for actual time worked is correctly handled. That leaves it to state law. As CBG says, all states but CA allow the practice, and CA does not so much disallow the practice as they have such confused rules that no one (including probably CA-DLSE) understands exactly what the CA rules are.

          So, unfair = yes, but illegal = no.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            I agree with the above. It may not be reasonable (and it isn't the way I've managed my exempts) but it is legal.
            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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            • #7
              Originally posted by Victoria2166 View Post
              So I can work 17 hours in one day, then come in an hour late the next day and they can dock my PTO? That doesnt seem reasonable. That's exactly what happened this week. I had fair in Columbus - 4 hours away from me and I didn't get home until 12:30 am. I was expected in work at 7am but couldn't make it until 8. And I get docked for that?
              I suspect you are preaching at the choir. I certainly would not have an exempt employee docked for PTO when they are working over 40 hours in a work week.

              What the company is doing is legal, if not the best practice.

              You want to change it, you have options.

              1. Unionize (did I say that?? ) and set the conditions in the CBA.
              2. Change the laws, either state or federal.

              I am not sure how labor friendly Ohio is, but try this out. Pick up the phone and call your state representative and state senator and tell them how unfair you think this is. You MIGHT get them to sponsor a bill to change the law to be more fair.

              Better bet, if you KNOW people in the same boat as you, get ALL of you to contact the reps. One call might get attention, two will, three is a major issue and four is a call to action.

              If your state representative does craft and sponsor a bill to change the law, be prepared to at least write to the committee holding the hearing on it. Better if you actually take time off and testify before them, no matter how nervous you might be about public speaking.
              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.

              Comment

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