Legal Question in Employment Law in Georgia
I work for a non-profit agency as a salaried employee with a total of 35 staff members. I work overtime and receive no additional compensation or comp time off. However, if I need personal time off for a doctor appointment or other personal appointment and miss a couple of hours, they deduct these hours from my Personal Time Off. If I get sick while at work and have to go home, the hours missed are deducted as well. At previous places of employment this was not the case. It was and is my understanding that salaried employees' personal time should not be used in such situations - overtime and situations like this "Work Out in the Wash". Please advise. Thank you.
1 Answer from Attorneys
Just because you are paid a salary does not mean that you are exempt for overtime pay purposes. If you do not meet one or more of the "duties" tests under the Fair Labor Standards Act, your employer must pay you time and one-half for all hours worked over 40 in a work week. It is not unlawful for the employer to deduct your personal time off from your PTO balance, even though it is done in less than full-day increments, so long as your salary for those weeks remains the same. To properly advise you on whether your employer is required to pay you overtime, I would need additional information, which would not be feasible in a forum such as this. If you are interested in a free consultation, please contact me using my profile information.
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