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Working while being charged PTO time California

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  • Working while being charged PTO time California

    my employer is requesting from an exempt employee to submit a full day PTO when the employee worked part of the day.
    This same employer expects the exempt employees to work long days (16 hour day) before taking a PTO day.
    The company policy is if the emplyee works any part of the day, they should not be charged for PTO.
    Is it leagal for my employer to 1. not implement company policy in our location and 2. charge for 8 hours of PTO when the employee worked.
    If there is a law state or federal that will explain, please direct me.

  • #2
    I Know I have seen similar questions as this on this site, and Pattymd and ElleMD, and CBG know alot about this. There are others (sorry if I forgot to mention you), but I am almost sure, but not 100% sure, that I have seen the statement, that if they work at least half the day, they should not be deducted a full days pay, if any at all. Hopefully one of them will come around to let you know!

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    • #3
      It is illegal to deduct more PTO than is actually taken. In California, PTO time is vested when it is earned. That is, it is essentially money belonging to the employee being held by the employer. The employer can not simply take that money whenever he wants.

      The law that covers this is Cal. Labor Code 227.3. However, by just reading that statute you might not see how it would be applied to your situation.

      The analysis under federal law is a little more interesting, but I won't go into it unless someone asks.
      Michael Tracy
      Attorney
      http://www.laborlawradio.com

      Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

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      • #4
        Thanks Michael

        I guess I'm not the only one up at this time of night on the computer lol!

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