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I am an hourly employee. My company offers PTO. I work more…

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I am an hourly...

I am an hourly employee. My company offers PTO. I work more than 40 hrs per week. I get that overtime couldn't be paid on vacation; but for me to make the same amount of money as I am accustom to I would need to use 50-60 hours of my PTO. I live in the state of Virginia. I was told that its illegal to redeem more than 40hrs per week. Is this true?

Lawyer's Assistant: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?

HR. They said 40hrs is the weekly maximum due to legal requirements. They did say that it was ironic; as the law was set up to make sure employers didn't force staff to take more than 40 PTO in a week. I have been doing my own research but haven't found anything confirming or denying what I was told.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I do not belong to a union. I am a therapist at a practice. I was told until they see evidence to the contrary they have to cap PTO at 40 hours

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, that's it. Thank you

Submitted: 26 days ago.Category: Employment Law
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Answered in 7 hours by:
3/31/2018
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 25 days ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 21,359
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 25 days ago

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

Ask Your Own Employment Law Question
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 25 days ago

I am an hourly employee. My company offers PTO. I work more than 40 hrs per week. I get that overtime couldn't be paid on vacation; but for me to make the same amount of money as I am accustom to I would need to use 50-60 hours of my PTO. I live in the state of Virginia. I was told that its illegal to redeem more than 40hrs per week. Is this true?

Response: No, it is not because there is no requirement in the first place for the employers to pay their employees PTO. Whether or not to have PTO for employees is at the sole discretion of the employers. Nonetheless, the person who told you that you cannot redeem more than 40 hours a week should cite the specific law that requires this.

Best wishes,

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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