[WA] Employer has been taking PTO (sick hours) without my knowledge or consent, for leaving the office 1 hour early some Fridays (exempt/salaried)

[smallqotato]

I live in Seattle, WA. My company is in Snohomish County, WA.

I am an exempt/salaried employee in WA, USA. I am required to be at work at least from 9AM to 6PM, 5 days a week. Our previous manager let us go home at 5PM on Fridays. There was a change in management a while back, and apparently since they started, they have been taking away an hour of sick PTO (vacation and sick time is accrued differently) every Friday without letting anybody know. When asked about it, they say they will continue to do so if we leave the office before 6.

1. Is this legal?
2. What are my options? aside from looking for work elsewhere-- am doing so for other reasons as well.
3. Is there a resource to read about laws pertaining to this in WA/ particularly rules surrounding hours as an exempt worker?

Note that it is a small/new company and my manager also 'manages HR' so going to HR is not an option.

 

[Just Blue]

I live in Seattle, WA. My company is in Snohomish County, WA.

I am an exempt/salaried employee in WA, USA. I am required to be at work at least from 9AM to 6PM, 5 days a week. Our previous manager let us go home at 5PM on Fridays. There was a change in management a while back, and apparently since they started, they have been taking away an hour of sick PTO (vacation and sick time is accrued differently) every Friday without letting anybody know. When asked about it, they say they will continue to do so if we leave the office before 6.

1. Is this legal?
2. What are my options? aside from looking for work elsewhere-- am doing so for other reasons as well.
3. Is there a resource to read about laws pertaining to this in WA/ particularly rules surrounding hours as an exempt worker?

Note that it is a small/new company and my manager also 'manages HR' so going to HR is not an option.

Questions for you:
1. Do you have a contract?
2. Are you in a Union?

 

[smallqotato]

Questions for you:
1. Do you have a contract?
2. Are you in a Union?

No union, no contract

 

[Just Blue]

@cbg

I "tagged" one of the HR gurus that volunteers here...She should be here in the morning to help you.

 

[cbg]

Despite a widespread belief to the contrary, nothing in the FLSA prohibits an employer from setting the schedule of an exempt employee, or using paid leave to fill in absences of either a full or a partial day. If the work day is 9-6, then it's 9-6. It's nice that your previous manager let you go home early on Fridays but apparently that's over now and you're expected to put in the full work day every day.

The answers to your questions are:

1. Yes
2.) To work the expected work hours, or have an hour of paid leave deducted from your leave bank when you don't
3.) I'm sure the state website has one; however, you're not going to find anything you can use to force the manager to let you leave early on Fridays or stop taking time from your leave bank when you do. That's what the leave bank is FOR - to keep you whole when you don't work the full schedule.

Sorry, but your manager is on absolutely firm legal ground here. If the established work day is 9-6, there is absolutely no legal reason why you should't be expected to work 9-6 five days a week or use vacation time when you want to leave early.

 

[adjusterjack]

without letting anybody know.

Didn't have to. Working hours were always 9-6. You don't have to be told something you already know.

 

[stealth2]

You might consider asking mgt if you can work an extra hour on a different day, so as to allow you to leave an hour early on Friday. They might say yes, although nothing requires them to.

 

[Zigner]

Or, simply stay until 6 on Fridays...you're leaving voluntarily now.

 

[stealth2]

Or, simply stay until 6 on Fridays...you're leaving voluntarily now.

My thought was in terms of a legitimate need for the extra hour - needing to drop off/pick up for parenting time, a parent in a facility, and the extra hour allows for having dinner with them, etc. I can think of few employers who would be unwilling to make exceptions for such needs. Especially in light of an offer to make up the time. Which is, of course, an assumption on my part. I suspect erronious.