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PTO taken AFTER shifts were worked. Tx Texas

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  • PTO taken AFTER shifts were worked. Tx Texas

    Ok, so I work for a clothing retail company in Texas as an Assitant Manager. Our DM refuses to let us bust payroll. This past week we were over 17 hours, so my SSM took it upon herself to use two full PTO days of mine to cut us down 16 hours. Is this illegal to take days from my "bucket" after I worked my full 40 hours that week?

    I'm confused and obviously upset and don't know whether or not to call HR. I know PTO is a voluntary benefit for any company, but can they clock you for PTO after your full 40 hours have been worked for that week?

    Thanks so much for all advice.

    Amby104

  • #2
    You legally have two unrelated issues.
    - You need to be paid for actual hours worked. This is federal law (FLSA). If overtime is worked, then overtime must be paid.
    http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm
    - PTO is not however a function of federal law. Federal DOL (who manages FLSA) could not care less less what happens to your PTO balance. PTO is a function of company policy and state law. Your state is not my state and I have no idea what TX-TWC thinks about PTO handling.

    One last point. I am assuming that you are non-exempt. You might not be. Job titles are legally meaningless. An "assistent manager" may be a fairly important person who qualifies as Exempt under the Executive or Administrative exceptions. Or they could be a title doing scut work. Do you know if your employer considers you to be eligible for paid overtime?
    http://www.dol.gov/esa/regs/complian...irpay/main.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      I would have a real problem with my PTO being charged for working.

      The employer is not violating employment laws, but what the employer is doing is wrong. Flat out wrong.

      Find an attorney.
      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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      • #4
        That sounds like a real winner of an employer. That's just not right.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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