Can my company take away PTO hours without telling me?

UPDATED: Oct 2, 2022

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Can my company take away PTO hours without telling me?

The company is closing the office on 10/31. They have been adjusting everyone’s PTO balance, deducting hours without notice to any of us. They have also hidden our PTO balances and do not show them on our paystubs. I had a balance of 120 hours. I used 12 hours total since the last time the balance of 120 was shown on my paystub. Now it says I have a total of 83.3 hours. Is what they are doing legal? There was no communication given to employees about any adjustments.

Asked on July 29, 2019 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, they can't do this: PTO hours are part of your compensation and cannot be arbitrarily taken away by your employer--especially since vacation time (or PTO hours equivalent to vacation time) have a cash value in your state (when employment ends, you are paid out for accrued but unused vacation or vacation-equivalent time). Contact the state's department of labor to file a complaint or consult with an employment law attorney.

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