Can HR decide on their own to pay you with pto instead of regular pay?

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Can HR decide on their own to pay you with pto instead of regular pay?

So on one occasion I noticed in my pay stub i had 8hrs vacation used in my ytd
column. But I have never asked or taken vacation. And today black friday I
was scheduled to work an event that other departments and even the company as
a whole had the day off, But it’s a specific event that I have to operate.
The HR lady was in the office, asked why I was there then said she was going to
use a vacation day for me because I wasn’t supposed to work something she has
no control over scheduling or events.

Is it legal for HR in California to just decide on her own that my pay for
working this event thats been scheduled for months is coming from vacation time
not hourly?

Asked on November 25, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it is illegal if they used your vacation time instead of paying you for a day your had to work: if you work, even if you are the *only* employee working, you have to be paid for it--that's the law, and HR has no discretion to do otherwise. If they won't restore the used hours and pay you, you could file a complaint with the state department of labor and/or sue, though a good first step would be to take the issue internally to upper management to see if someone will overrule HR without having to take legal action.
 


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