Answers Posted By Phyllis Towzey

Answer to exempt employee that works 50-55 hours a week has just been told to only put 40 hours a week on the time sheet. Is that right?

Your question is confusing. If you are an exempt employee, you are not paid based on the number of hours worked and are not eligible for overtime. If you are a nonexempt employee, some travel time is compensable and some is not. I don't think this is an issue you can resolve by asking a question online, since there are complicating factors. You should make an appointment to consult with a labor attorney and go over the specific facts in your employment.

posted Feb 1, 2019 3:44 PM [EST]

Answer to I have unused PTO hours when I left the company. I was told that I will not be getting my PTO hours since I left without notice. Is this Florida law not to get paid for the unused PTO when I left ? Thanks

If the company had an established policy that employees who resign without notice do not get paid for accrued unused PTO, then that is legal.

posted Jan 22, 2019 3:21 PM [EST]

Answer to Retroactive pay reduction

Unless there was an agreement otherwise, and unless the employee never received prior notice of the policy, in my opinion this is legal.

posted Jan 16, 2019 09:40 AM [EST]

Answer to my fmla for disabled mom was 7/2016-7/2017 was injured in july 2016 on the job returned to work april 2017 tried to use fmla may 2016 is was revoked I want to appeal that usps should have made some sort of arraingements want to have my tacs report changed

This is a complicated issue and not one you can solve on a message board. I encourage you to hire a labor and employment law attorney in your area with experience working with federal employees' rights (and preferably USPS cases). You need to consult with an attorney ASAP as there are specific deadlines involved here.

posted Sep 8, 2018 12:47 PM [EST]

Answer to What can I do when I feel I'm being targeted at work?

If you feel you are being singled out for unfair treatment because of your age (over 40), race, color, national origin, sex, sexual orientation, religion, disability, or any other protected class, then you should contact an employment law attorney immediately, and you should follow whatever procedures are in place at your company for reporting discrimination.

If, however, you feel it is not because of your membership in a protected class but rather is personal to you, then unfortunately there is not much you can do about this. The law does not require employers to be fair. Unless you are protected by a union or have a written employment contract, you can be fired at any time with or with cause, under the "employment at will" doctrine, just as you can resign at any time with or without cause.

It seems like the handwriting is on the wall here and your employment is at risk. It would make sense for you to start looking for another job, because it doesn't sound like things are going to get better in this position. Even if all the accusations against you are completely false, this is the third time a coworker has accused you (two different people), so the company may decide that you have become a "problem" and let you go. I'm sorry this is happening to you.

posted Aug 24, 2018 06:51 AM [EST]

Answer to We are a FL based construction company, about to do some lay offs. Some of the employees have unused lump sum PTO. Is the employer obligated to pay out the unused PTO?

Florida law does not require you to pay PTO to employees upon termination of employment for any reason. If you have employees working in other states, however, you need to check the laws of that state.

An exception in Florida would be if you have a written policy (for example, in an employee handbook) that says you will pay out unused, accrued PTO upon termination. Also, you could be required to pay this out if you have previously established a practice of doing so - for example, if in the past when an employee was let go without cause you did pay them their accrued, unused PTO.

So, in general, if you have no policy or practice in place, then you are not required to pay out the PTO. If any of the other factors mentioned above apply, then you should consult with an employment law attorney regarding your company's specific circumstances.

posted Jul 12, 2018 08:44 AM [EST]

Answer to Now if they take PTO for mandatory overtime on Saturdays, do they have to pay that time and a half?

No - Overtime pay is only for hours that you actually work. If you get paid for a holiday or a vacation day or any other type of PTO, then those hours do not count toward the 40 that puts you into overtime. For example if you regularly work Monday through Friday 8 hours per day, but you take Wednesday off and use PTO, then although you would be paid for 40 hours you would only have worked 32 hours. Then if you came in on Saturday and worked 8 hours that would be at regular pay, not overtime pay.

Likewise, if you worked 40 hours Monday through Friday and were scheduled for Saturday and didn't work, if they pay you for Saturday that would also be straight time (regular PTO) because you didn't actually work.

If you are saying that they don't actually pay you but instead take away PTO just to punish you, there's probably nothing illegal about that since company's are not required by any law to provide any PTO to employees in the first place. They would have to communicate a policy to the employees stating that if you refuse to work when scheduled, PTO hours will be forfeited.

posted May 31, 2018 5:29 PM [EST]

Answer to How is that legal to do. When we have worked a 40 hr workweek with 10 hrs of overtime already?

There is no law that says you only have to work 40 hours per week. It's up to the company what hours you work. Your alternative is to quit. The only law that applies is that if you do work more than 40 hours per week, the company must pay you overtime at a rate of time and one half your regular hourly rate. If the company schedules you to work and you don't show up they can count it as PTO and, if they choose, they can fire you. Mandatory means mandatory.

posted May 31, 2018 3:48 PM [EST]

Answer to Can my employer write me up, or fire me for not doing mandatory overtime?

Yes.

posted May 31, 2018 3:10 PM [EST]

Answer to 3 months ago, I resigned and told my employer that my last day will be June 30. This morning, my employer told me that today is my last day. Can I ask to be paid until end of June?

Not unless they agreed to do that when you gave notice. But you are eligible for unemployment compensation benefits for the gap period between today and June 30.

posted May 31, 2018 1:40 PM [EST]

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