How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12169
Experience:  Significant experience in all areas of employment law.
60109343
Type Your Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

I am a non-exempt employee. Came to work on a Monday and all

This answer was rated:

I am a non-exempt employee. Came to work on a Monday and all the IT systems were down. Employer sent everyone home and is forcing us to take PTO for 8 hours. Then, to make up the work, they are forcing us to work on Saturday. Since we have not officially worked 40 hours, the Saturday work is not overtime. It is regular time.

In essence, due to an IT outage, my employer has made me take 8 hours of my vacation and is forcing me to work on a weekend at a regular rate.

Is this legal? Seems components of this are...but the whole thing?
Good afternoon and thank you for entrusting me to assist you. My name is XXXXX XXXXX I will do everything I can to answer your question.

While understandably frustrating and quite unfair, this is an entirely legal scenario. Overtime is calculated based on the number of hours actually worked and does not take into account PTO hours paid/deducted.

There is also no restriction on forcing an employee to work weekends, or on forcing an employee to take PTO. Since PTO is a job perk which the employer need not provide by law, the law affords them great discretion with regard to how and when such time may (or must) be used.

I am truly sorry that I don't have more favorable information to provide you, but you are here for accurate information about the law and it would be a tremendous disservice if I were to mislead you for the sake of providing good news.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.
Patrick, Esq. and other Employment Law Specialists are ready to help you