Legal Question in Employment Law in Florida

Salary and PTO

I work Salary, 40 hours each week. Last week, the medical office where I work was closed due to the threat of severe weather. My employer is now making us use our PTO time, or take that day off without pay even though we are salary, and we did not choose to take the time off, and despite the fact that we frequently work through our lunch breaks and stay late to treat patients without being given any comp time off. Do we have any rights? What are the laws in this case?


Asked on 9/03/08, 7:39 pm

1 Answer from Attorneys

Keith Stern Shavitz Law Group

Re: Salary and PTO

Employers are allowed to deduct wages from a salaried employee for a full day's absence, which means that it would be legal for the employer to have you use PTO time.

However, the mere fact that you are paid a salary doesn't mean that you are "exempt" from overtime, so if working through lunch breaks and working late causes you to work over 40 hours per week--and you arent paid properly for your overtime hours worked--you may be owed money.

You should consult further with a lawyer to determine what rights you may have.

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Answered on 9/03/08, 9:37 pm


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