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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5685
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: 2 years ago.
Category: Employment Law
Customer: replied 2 years 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 2 years 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 2 years 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 2 years ago.
Wasted money!!
Expert:  John replied 2 years 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.