Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

We have a small company. When we have had a good week, we…

Customer Question
We have a small...

We have a small company. When we have had a good week , we sometimes let the employees leave an hour or so early on Friday. Or sometimes before a holiday, we close early. We have always paid everyone as if they worked the entire day. I am noticing that employees are scheduling time off on a Friday or before a holiday and I would not "dock" pay or use PTO time if we closed early but paid them. I now am saying if you opted to take PTO time on a day we closed early, you will be using your PTO time. So essentially, you have to be here to take advantage of being paid for early closing.

Lawyer's Assistant: Have you discussed this scheduling issue with a manager or HR? Or with a lawyer?

No

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

Yes we are at will and no we do not have a union.

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

No that's it.

Submitted: 25 days ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
3/31/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 25 days ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 123,316
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Use of PTO is solely at discretion of the employer. For hourly employees, the employer only needs to pay them for time they actually work. For salary employees, if they come to work and you close early you must pay them without docking pay, but not if they do not come in at all and you are open, you can charge their PTO for a day absent for personal reasons.

It is purely up to you as an employer to decide to pay the employees or take their PTO time to pay them or to make them remain at work. IT is not not up to the employee and it is not governed by the law either.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Employment Law Question
Customer reply replied 25 days ago
But my question is really if we close early, I pay the non exempt as if they worked the full day. What I want to do is if the non exempt employee opted to be out on a day when we closed early and I paid workers for the full day, I don't want to pay those who were not a work that day .
Customer reply replied 25 days ago
31 March 2018 10:46But my question is really if we close early, I pay the non exempt as if they worked the full day. What I want to do is if the non exempt employee opted to be out on a day when we closed early and I paid workers for the full day, I don't want to pay those who were not a work that day .
Employment Lawyer: Law Educator, Esq., Attorney replied 25 days ago

Thank you for your reply.

You do not have to pay them or can make them use their PTO. That is up to you.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 123,316
123,316 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
What is the cost of this service? My husband accrued PTO and
Thank you. My husband accrued PTO and hit the ceiling with the amount he could accrue. He found out yesterday that he was demoted, but has not signed the paperwork accepting it yet. He put in for the PTO prior to signing the new contact. My question: Will he receive his PTO at the rate in which he accrued it or will it be at the demotion rate? … read more
Eric Yepez
Eric Yepez
Law/J.D.
46 satisfied customers
I have a question about my company changing PTO policies and
I have a question about my company changing PTO policies and what rights I have? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,160 satisfied customers
I am an hourly employee. My company offers PTO. I work more
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? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,276 satisfied customers
I had 38 hours of pto and the place i worked did not pay me
i had 38 hours of pto and the place i worked did not pay me my time. they state that their new policy states they do not have too. i was paid hourly and got about 3 hour a pay period of pto. what do i… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
314 satisfied customers
Can a company have different PTO policies for different
Can a company have different PTO policies for different level of employees? For example one for professionals (i.e. doctors/nurses) and one for administrative staff?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
123,316 satisfied customers
Is it illegal for an employer to you down for PTO when you
Is it illegal for an employer to mark you down for PTO when you work a full day at home and then upon your return judge how much they think you worked after the fact? This was threatened in an email w… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
123,316 satisfied customers
If any employee didn't formally request Pto but the employer
If any employee didn't formally request Pto but the employer told the employee to take a week off using there paid time off but will be laying you after those 5 days are over. Does the employee have t… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My employer gave me 4 weeks of PTO at the beginning of the
My employer gave me 4 weeks of PTO at the beginning of the year. I could take it anytime I wanted. Now that I am leaving, do they have to pay me for my unused time? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,769 satisfied customers
I went on scheduled PTO for surgery. My manager didn't
I went on scheduled PTO for surgery. My manager didn't approve the PTO and my paycheck was short the PTO. I still have not been compensated and it's now 10 days past the payday. … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
523 satisfied customers
In NC, if you're given PTO time at the start of the year and
Good morning. In NC, if you're given PTO time at the start of the year and are laid off, is the employer required to pay you for that? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Our PTO and Vacation statement in our employe handbook is
Our PTO and Vacation statement in our employe handbook is nebulous. I am a national guard member who utilized 16 hours of PTO. One for my military duty on Thursday and one for my personal needs. They … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can an employer make you take a payout of your PTO accrued
Can an employer make you take a payout of your PTO accrued time if they changed the policy last week and I'm submitting my resignation tomoorw? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have worked for a company for seven years and offers PTO.
I have worked for a company for seven years and offers PTO. In the seven years I have never had a supervisor tell me I have to use it when I want to take time off (not vacation). Now this supervisor s… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
123,316 satisfied customers
My employer amended its pto policy and for those who have
My employer amended its pto policy and for those who have been with the company for more than 10 years has lost 40 hours. So instead of 192 hours pto per year its been reduced to 152. This amended pol… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,187 satisfied customers
Our PTO time is use it or lose it by the end of the fiscal
Our PTO time is use it or lose it by the end of the fiscal year with no payout when separating. One of our employees just gave two weeks notice and wants to use all her PTO time which means we will ne… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,769 satisfied customers
Was recently off. I had 200 hours of PTO and company won't
Was recently laid off. I had 200 hours of PTO and company won't pay it out. Others were laid off and got 3 months severance and I only get 2 weeks. They said I'm under new policy then the person that … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
I live in VA, and my employer promised to pay out my PTO
I live in VA, and my employer promised to pay out my PTO that I've earned prior to my two weeks notice. I was told that it would be included in my last paycheck. I just received my final check and it … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,276 satisfied customers
My employer forces employees to use PTO accrued stating the
My employer forces employees to use PTO accrued stating the employee has to use it to cover their shift. Is this legal? This was not explained when hired and was not defined in the employee handbook. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x