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

Okay so they have the right to do that, but how can they use PTO for mandatory overtime? When PTO is for straight time. Would they have to pay it time and a half?

1 answer  |  asked May 31, 2018 4:54 PM [EST]  |  applies to Florida

Answers (1)

Phyllis Towzey
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 by Phyllis Towzey  |  May 31, 2018 5:29 PM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

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

more Virginia Employment Lawyers