Legal Question in Employment Law in Florida

Re: employer compel use of PTO time for closed office hours

The employer probably can do this for non-exempt, hourly employees (those who are eligible for overtime pay), but not for exempt, salaried employees, pursuant to the Fair Labor Standards Act (FLSA). That is because employers can deduct or not pay for time not worked by hourly employees (in other words, they only get paid for the hours they work), so it is okay to give the choice of PTO or no pay.

However, employers generally can not "dock" or deduct the pay of salaried employees. For example, if a salaried employee is suspended for a day, he/she still has to be paid for the week. Basically, salaried employees get their weekly salary even if they have some time off. (Exceptions include sick leave and vacation, which of course may come under a legitimate sick leave or vacation plan.)

There are some other exceptions under the FLSA, so without knowing all the facts, I can not give you a definite answer. But it seems the employer may be running afoul of the FLSA here. So, it may be worth bringing that up if you are salaried. If you do, be diplomatic and just ask the employer to look into it. Don't be accusatory or belligerent or otherwise risk your job over a few days of pay. (You can also call the US Dept. of Labor for advice - ask for the wage and hour division.)

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.