Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
This is an unusual situation, however under the law, PTO is not regulated by the State, and can be administered in any way the employer wishes, if the employer wants to create such a policy or is administrating PTO this way, it would be allowed, however it clearly is unprofessional.
The law does enforce discrimination of benefits, and if the employer is denying some employees PTO due to their race, gender, age or other protected civil right, those employees can bring a discrimination lawsuit
Regardless of ownership, if these are two different corporations,
PTO should not be shared,
and Corporate shareholders or the HR offices should be aware of the matter, if the owners or shareholder do allow such a system that is on them, and may hurt them in the future, as the two can be considered as one common business,
which would make them liable to provide employees FMLA, ADA protection due to the employee sizes, even Obamacare, if the two together have 50 or more employees
Thanks for the response. If the owner of one company is not the owner of another, can he make that call at all? How do you process that on the financial side to make sure it is accounted for legally?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).