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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19771
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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My employer charged me pto day I worked as punishment

Customer Question

My employer charged me pto for a day I worked as punishment for not entering my time before the designated weekly cutoff. Can they do that?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 9 months ago.

Hello,

Thank you for the information and your question. Although an employer can generally set the rules as to the accrual and use of PTO since there is no law that requires that it be offered, what they cannot do is not pay you for a day that has been worked, whether you clock in or not. In other words, you were due your regular pay for the day that you worked despite you not meeting the weekly deadline. Because of that, there should be no reason to have used your PTO time.

You should file a complaint with your HR Department. If that doesn't give you the result you are looking for, you can file a wage claim for the one day with the Wage and Hour Division of the U.S. DOL, since Florida doesn't have an agency that enforces wage and hour laws and the law, the Fair Labor Standards Act, that I am referring to about your pay, is Federal law.

But, just to be clear, there is no statute that addresses PTO and how it can be charged, however, you were entitled to your regular pay under wage and hour laws for the day you actually worked, so you should not be charged PTO. One thing to keep in mind though for the future, your employer can suspend and/or terminate you if they choose for not complying with workplace rules on timekeeping.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you.

Expert:  Marsha411JD replied 9 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 11th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.