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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
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A salaried employee works 40-50 hours by Thursday and wants

Customer Question

a salaried employee works 40-50 hours by Thursday and wants to take off Friday and not use their PTO but employer makes them use 8 hours PTO, is this legal?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 2 years ago.
Yes, it is. The law concerning salaried employees is very leaned towards the employer. They can absolutely require the use of PTO to cover that Friday off, even if your overall hours worked during the week exceed 40 hours. Essentially, your hours worked aren't relevant. You don't get credit for having worked more. It's not considered illegal to take away time for not working, because if you miss an entire day that is a permissible deduction. Furthermore, taking from PTO rather than actually lowering your weekly pay is another means of making sure it's legal. Unfortunately, the employer is doing nothing illegal here.

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