Legal Question in Employment Law in California

My employer gives paid time off based upon total hours worked. For example, at 1000 hours worked, 54 hours of PTO are accrued. Our weekly schedules and total hours worked vary. Overtime is not included when calculating total hours worked. For example, if 36 regular hours and 3 overtime hours are worked in a week, only the 36 are counted toward the 1000. Is this legal?


Asked on 9/17/11, 5:50 pm

1 Answer from Attorneys

Since there is no legal requirement that they give you ANY PTO at all, whatever method they use for calculating how much they give you is legal.

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Answered on 9/18/11, 5:02 pm


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