So to clarify: In the two months I was on hourly, I never worked over time. The two years prior I was salaried, and I did work overtime with no extra pay.
A: If you are asking whether or not you could collect for overtime during those prior two years, then the answer is "yes."Also, shouldn't PTO (some taken as vacation days) have been deducted from the paycheck associated with that pay period?
A: Yes. This suggests sloppy bookkeeping by the employer, which makes all of their records suspect to the court. However, this doesn't necessarily mean that the employer is not entitled to recovery for a clerical error. What it suggests is that the record of your absences may be fabricated -- otherwise, the employer would have deducted them when they were taken.
I am afraid I am not clear about your Item (2) . If, as according to him my personal days were in excess of what was allowed company policy, he must delete them from my debt?
A: Yes, I don't understand what I wrote, either. Let me do it by example:
1. You are a salary-exempt employee;
2. Your employer grants 10 days of PTO available each year that you can use for either vacation or sickness;
3. Your employer provides no separate sick leave benefits;
4. You take 14 days off during the year; 7 days of vacation, and 7 days due to sickness;
5. Because the PTO policy is a bona fide plan which pays compensation for sick leave, the employer can deduct for sick leave or vacation or other personal use time, which excees the 10 PTO day maximum.
6. Therefore, the employer can deduct one day of pay for 10 - 14 = -4 days, which were not covered by the PTO policy.
7. However, under the same facts as above, if the PTO policy expressly does not cover sick leave (only vacation is covered), then the employer cannot deduct for the 7 sick days, and the calculation would be: 10 - 7 = 3, which means you would still have 3 PTO days available for use.
Hope this helps.