Legal Question in Employment Law in California
PTO deduction for exempt employees
I am an exempt employee. If I show to work and put in one hour of work, then take the rest of the day off, can my employer deduct 8 hours from my Personal Time Off account(PTO)?
Asked on 1/30/07, 2:29 pm
1 Answer from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
Re: PTO deduction for exempt employees
No, a true exempt employee is paid a fixed salary, regardless of how many hours worked. The downside is that the employee gets no overtime when required to work the extra hours. The upside is their wage does not get deducted for working less than a full day. By deducting your pay, this employer runs the risk of losing the exempt status they have classified you as.
Answered on 2/06/07, 4:31 pm