Can a company replace overtime wages with regular wage if you have used PTO in the same cycle?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a company replace overtime wages with regular wage if you have used PTO in the same cycle?

My company will pay you at your normal rate after 40 hours if you have used paid time off in the same pay cycle. Is this something that is okay? For example, you work Monday, Tuesday, Thursday and Friday but use approved PTO on Wednesday and get called in to work

Asked on October 6, 2016 under Employment Labor Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If an employer provides PTO, it does not have to count the paid hours as hours worked for purposes of determining whether an employee is entitled to overtime compensation. They same holds true for paid holidays. In other words, while an employee is entitled to be paid for approvedtime off, such time is not counted as hours actually worked for the purposes of computing overtime.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption