Can hours worked overtime be allocated at a 2:1 ratio as PTO?

My non-profit employer requires me to work outside of my regular 40-hour workweek for special events in exchange for PTO. However, the PTO is not allocated at a 1:1 ratio. For example, I was required to work 10 hours outside of my normal 40 hour work week this weekend, but I was only allocated 5 hours of PTO. Is this legal in Florida, or is it a concern I should approach my employer about? Thank you!

1 answer  |  asked Mar 15, 2016 06:21 AM [EST]  |  applies to Florida

Answers (1)

Phyllis Towzey
This is not legal. First of all, "comp" time (i.e. time off in exchange for overtime hours instead of overtime (OT) pay) is only permitted for government employees. The only exception would be if the time off is given in the same workweek, because then you would not go over 40 hours. For example, if your employer wants you to work 2 hours on Saturday and in exchange gives you 2 hours off earlier that week, then you would still only add up to 40 hours total and no OT would be owed. It's a 1:1 ratio though. So, they need to either pay you OT at time-and-one-half your regular rate, or give you time off during the same work week so that you don't go over 40 hours.

In answering this question I am assuming that you are an hourly, non-exempt employee. If, in fact, you are paid by salary and are PROPERLY classified as exempt (there are additional tests to be met than just being a salaried employee) then you are not entitled to OT and your employer can give you extra PTO in any ratio they choose.

Hope this helps.

posted by Phyllis Towzey  |  Mar 15, 2016 07:38 AM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
Edward Lowry Edward Lowry
MichieHamlett
Charlottesville, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA

more Virginia Employment Lawyers