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Using PTO For not working 40hr week

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  • Using PTO For not working 40hr week

    hi, i work in a clothing retail store in california. i was told that i am a salaried employee based off of a 40-43 hour work week. whenever i did not work a complete 40 hour work week the company deducted time out of my Paid Time Off to make it a 40 work week. e.g. if i worked only 38hours in one work week they deducted 2 hours from my paid time off to put me at 40 hours for the week. is this ok?

  • #2
    Paid Time Off

    Yes, it is legal as long as the only use of the PTO is for sick time. Otherwise, they cannot force you to use PTO to make up the difference.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      Lillian - you appear to be more knowledgeable about CA law than I am; this is a question, not an argument.

      I agree absolutely with your response as regards partial day deductions of PTO time. I was, however, under the impression that CA law does permit full-day deductions from PTO for any reason. Is that correct, or am I misinformed?
      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
        Pto

        California takes the view that PTO as wages. This is demonstrated with the required payment of PTO to employees at the time of termination. The only exception to the rule regardiing payment of PTO is if the PTO is designated for use as sick pay only.

        In accordance with that belief, it does not permit forced deductions from PTO, without the express written approval of the employee.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment


        • #5
          Thank you for the clarification. My state also identifies vacation time as wages, but does permit forced docking of PTO or vacation time in both full and partial day increments; thus my confusion.
          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


          • #6
            California reduction of pay

            Thanks for asking. I understand the confusion. California tends to look at regs a little differently than most states. In support of my statement, a CA wage and hour opinion on the topic may be found at:
            http://www.dir.ca.gov/dlse/opinions/2002-03-12.pdf

            In addition, check out page 236 of the manual found at the following link
            http://www.dir.ca.gov/dlse/DLSEManua...enfcmanual.pdf

            Let me know if you have any other questions.
            Lillian Connell

            Forum Moderator
            www.laborlawtalk.com

            Comment


            • #7
              Will do. The friend I have been bouncing my CA law questions off of has a tendency to be rather long-winded; by the time I get to the end of the answer I've forgotten the beginning!

              Just to make things more complicated, I had employees in CA about five years ago and several laws have changed since then; I'm often not sure if I'm remembering the old law or the new.

              Thanks again.
              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


              • #8
                Originally posted by ear82 View Post
                hi, i work in a clothing retail store in california. i was told that i am a salaried employee based off of a 40-43 hour work week. whenever i did not work a complete 40 hour work week the company deducted time out of my Paid Time Off to make it a 40 work week. e.g. if i worked only 38hours in one work week they deducted 2 hours from my paid time off to put me at 40 hours for the week. is this ok?
                A salary cannot be based on a 43 Hour work week. California wage law specifically states that OT of time and a half must be paid in excess of 40 hours in a pay week. As I understand, a weekly salary must indicate specific work times. and OT must be paid for work outside those hours, and employees that ELECT to take time off can be docked for not working but when the Salaried employee is let off early at the employers convienience it is at the employers expense. However; I also believe it is possible that there are different standards for the retail industry and heavy construction/manufacturing where I work.

                Comment


                • #9
                  Dweezle, this post is five years old. Please don't respond to posts that are not current. Thank you.
                  I am not able to respond to private messages. Thanks!

                  Comment

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