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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15935
Experience:  Licensed Texas General Practice Attorney
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In the state of Oklahoma, if power is out and your company

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In the state of Oklahoma, if power is out and your company requires you to come in only to send you home, can they demand that you must use personal or vacation time if you want to be paid?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Can you tell me if you're a salaried or hourly employee?

ScottyMacEsq :

Did you see my follow up question to your issue?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

Customer:

I am salary.

ScottyMacEsq :

Thank you. While this is unethical (in my opinion), it is not illegal. Federal labor law "permits employers to make partial-day charges to an employee's accrued leave bank for absences without jeopardizing his or her exempt status."

ScottyMacEsq :

What that means:

ScottyMacEsq :

In short, if you're a salaried employee, you have to paid for the entire day for any day that you do any work. But if you do a half day, or even 1 minute, while your employer DOES have to pay you for that entire day, it MAY use accrued vacation or PTO to pay that time.

ScottyMacEsq :

If you showed up and did NO work, then there would not be any requirement whatsoever to pay you for that day.

ScottyMacEsq :

(and that would mean that it would be up to the employer or you, using your PTO, to be paid for that time)

ScottyMacEsq :

The law is the Fair Labor Standards Act (FLSA) and accompanying regulations.

ScottyMacEsq :

So while I think that this practice is unethical and immoral, it is legal. I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer:

Thank you. I now know how to proceed with this issue.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

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