Forced usage of vacation time for salaried employees

[DamonS]

I am a salaried store manager for my company. My paycheck says that I am paid for 40 hours. My employer wants us to work 48 hours a week no matter what. If we do not work 48, say we work 40, we are required to use 8 hours of vacation or sick time to make up the difference. When you receive your paycheck for that week it will say that you worked 32 hours and took 8 hours of vacation. also we are made to punch in and out so that hours are recorded. In Tennessee

 

[cbg]

It is legal in all 50 states for an employer to require both exempt and non-exempt employees (salaried has no legal meaning) to fill in shortages with PTO or vacation when you do not work an entire workweek, however many hours your company considers a workweek.

Many payroll systems automatically fill in with 40 if a specific number of hours is not indicated. It does not mean that you are only being paid for 40 hours.

 

[DamonS]

thank you for the reply. - i am sorry if i am repeating myself here (just trying to get it straight in my head)

According to payroll the work week is 40 hours, being that I am an exempt employee, this does not really apply to me, I work what is needed. I understand that i can work more that the stated work week of 40 hours and still get paid the same. My issue is that if i work the min 40 hour week then we are told to take vac or sick time to reach his 48.

What I am confused about, is that the boss wants 48 hours min every week from the exempt employees. Payroll says that the pay is based on a 40 hour work week. Now if i work 40 hours one week, we are told to take 8 hours sick or vacation to make up the difference. (i worked the work week according to payroll) If i punched in and out for 40 hours, how can they make me take the vacation time? and then if I punched in and out for 40 hours how can they change the time on my paycheck to say 32 hours worked and 8 hours of vacation?

As far as I can remember I did not sign anything stating that the work week would be any different than 40 hours

I was under the impression that an exempt employee can work 42 hours one week and 60 the next? (assuming a 40 hour work week)

My immediate supervisor and payroll said that they thought this policy was illegal but that this is wait he wanted to be done.

 

[cyjeff]

There are no laws around PTO. Legally, an employer doesn't have to give you any at all.

A salaried employee can be asked to work 24/7 if the employer wishes... though to do so would be very foolish on a variety of levels...

You can be fired for not working 100 hours a week... because an employer does not need any reason to fire you at all.

Me, I would work 48 hours weeks. Most nonexempt employees work far more than 40 hours a week, by the way.

 

[cbg]

To borrow a phrase from Patty, this is legal because there is no law that says it is not.

Neither Federal nor state law cares two hoots how an employer wants to manage vacation or PTO time. Neither Federal nor state law cares IF there is vacation or PTO time.

I'm not saying it's fair. I'm not saying I approve. I'm not saying I wouldn't question it in your shoes.

I'm saying it is legal.