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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5405
Experience:  Exclusively practice labor and employment law.
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I am considered a lead in my position and clock in as such

Customer Question

I am considered a lead in my position and clock in as such 40 hours a week. When I take my PTO, I am reduced by 2 dollars an hour, (my lead pay). Is this legal?
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Example 25.00 an hour working clocking in as lead every day and 23 dollars when taking my earned documented paid time off. Full time non exempt employee
Expert:  John replied 1 year ago.

Yes that is legal because paid vacation is not a mandated benefit in yours or any other state. Essentially the employer could give you unpaid vacation or none at all. It is generally expected that vacation would be given at your normal hourly rate, but that is not mandated by any law.

Customer: replied 1 year ago.
Either I am a 25 an hour employee refardless, or not! Doesn't seem right to dock 2 dollars an hour for vacation! Somethings not right! Thanks :(
Customer: replied 1 year ago.
Wasted money!!
Expert:  John replied 1 year ago.

It doesn't seem right. I'd agree. But there is nothing illegal about the pay practice. That's the correct answer to your question. Not sure what you want me to give you - an incorrect answer?

You may want to approach your employer and tell them you feel it is unfair of them to pay you less per hour while on vacation; perhaps they'll agree with your position.