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ankJD, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2
Experience:  Extensive experience counseling employers and employees on all aspects of employment law.
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At my office we do not work a full 40 hour week,but if we don't make the 40 hours our

Customer Question

At my office we do not work a full 40 hour week,but if we don't make the 40 hours our boss uses our pto time to make the 40 hours! Leaving most of us with no pto . Is this legal? How can she hold us to a 40 hour work week when we don't work 40 hours and is she allowed to decide how are pto is used by deducting it to make 40 hours?
Submitted: 2 years ago.
Category: Employment Law
Expert:  ankJD replied 2 years ago.
Good evening,You are right to spot this as an issue, but a bit more information would help me give you the best possible answer. What state are you in? Are you an exempt (salaried) or non-exempt (hourly, overtime eligible) employee? What is your standard work day (start and end time, time for lunch break?)? Please let me know the answer to these questions and I can provide you further guidance.Many thanks.
Customer: replied 2 years ago.
I am in Texas , I am paid hourly, I work from 7:15 am til 4:30 pm with one hour for lunch Monday thru Thursday and on Fridays 7:15 am til noon. We are eligible for overtime if we work over 40 hours, but if she adds pto to our hours and it goes over 40 hour she just pays us our regular pay not time and a half thanks
Customer: replied 2 years ago.
I just don't see how she can justify 40 hours when we don't work 40 hours
Customer: replied 2 years ago.
Iam still waiting on a answer
Expert:  ankJD replied 2 years ago.
My apologies for the slight delay in responding. You are right -- as an hourly employee, your time should be accurately recorded. This means time actually worked. If you only work 35 hours in a week, you should only be paid for that. If you choose to use PTO in order to fill in time to be paid for the week, that should be your option. If your boss is filling in inaccurate time records, you may want to do a free consult with an employment attorney (it might be interesting to a lawyer if there are a large group of employees impacted by this) or you can consult the department of labor in your state. You are not entitled to paid vacation by law, but if your employer provides it, he/she must provide it in accordance with the policy and not at his/her whim.I hope this helps. Please feel free to reach out with additional questions or concerns.