Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Exempt employee, required use of PTO and hours worked. Virginia

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Exempt employee, required use of PTO and hours worked. Virginia

    Although I have worked as an exempt employee in two states for most of my 32 years of experience, this is the first job which has rules that seem to be foreign to my understanding of what is reasonable or acceptable. Therefore, I am putting this forward to ask those out there who may have more knowledge of Virginia Labor Law than I do. Thanks in advance for any input you might have.

    I am an exempt employee. My employer often requires that we put in more than 40 hours a week to get the job done. In addition to the working a minimum of 40 hours a week, which I have typically seen with my other jobs, this job also states in their employee handbook that each employee must book 8 hours for each of the designated work days. If you do not put in 8 hours for a designated work day, then the employee must use their PTO in increments of 4 hours.

    So, for many weeks I have worked between 55 and 65 hours for a week, but because I had to schedule a doctor's appointment, I was not able to put in 8 hours for one of the week days. My employer required I use 4 hours of leave to supplement this day. This has happened several times now, and I feel frustrated in that they are requiring me to use what little leave I am accruing although I have worked more than 40 hours in the week for which I am forced to use my leave.

    Is this practice legal in Virginia?

    If not, what should I do?

    Thanks.

  • #2
    It is legal under Federal law. Perhaps one of the other posters will know specifics about Virginia law.

    Comment


    • #3
      It is legal in all 50 states, with extremely limited exceptions in California only.
      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.

      Comment


      • #4
        Agree/concur with cbg.
        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

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          Thank you for your input.

          I had worked for 5 other companies as an exempt over my 32 years of experience, and this is the first time I have ever encountered this type of policy. In fact, the only requirements for an exempt employee by my past employers were:

          1. work at least 40 hours in a week
          2. complete your work tasks
          3. be on call in the event there is a crisis

          Again, thanks for your input.

          Comment


          • #6
            You've been lucky, then, because this is not at all an uncommon policy.
            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.

            Comment


            • #7
              Agreed with all the other answers. Past that, pretty much any employer can make pretty much any employee work pretty much any hours the employer wants. What few exceptions that exist are for things like airline pilots or minor children employees. So the employee, pretty much any employee, having to work whatever hours the employer wants is legally an "of course". I understand that this is not what you want to hear.

              "Exempt" is a concept defined in the federal FLSA law. It means that the employee is exempt from the rules for minimum wage, overtime or both. There are something like 100 or Exempt classifications defined in law. Of those, exactly 4 (Administrative, Executive, Professional, IT Professional) have a "salaried basis" requirement, which is spelled out in FLSA regulation 29 CFR 541.602. That regulation basically spells when it is legal to reduce the salary paid to an Exempt Salaried employee.
              http://ecfr.gpoaccess.gov/cgi/t/text....1.1.22.7.85.3

              Vacation/PTO is not a federal law concept. Federal DOL is very much on record that there is nothing the employer does to the vacation/PTO balance is a function of federal law. Vacation/PTO is at most a function of state law, and to my knowledge that answers you have gotten accurately reflect state law. I understand that this is not what you want to hear.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment

              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
              Working...
              X