Is it legal if I’m an hourly employee and have been scheduled for certain hours but now I’m being told that I have to leave early and either use up my paid time off or simply loose the pay?

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Is it legal if I’m an hourly employee and have been scheduled for certain hours but now I’m being told that I have to leave early and either use up my paid time off or simply loose the pay?

I believe I read somewhere that it is not legal.

Asked on June 7, 2015 under Employment Labor Law, Arizona

Answers:

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

Answered 6 years ago | Contributor

As a general rule, an employer may increase or decrease hours and/or salary much as it sees fit. That is unless this violates an employment contract, union agreement or constitutes some form of actionable discrimination. Additionally, an employer can require that paid time off be used in much the way that you are now be required to use it. The reason is that PTO is a discretionary benefit given to employees by their employer, therefore  an employer has a say in just how and when it is used.

The above is just a brief generalization. You may want to consult directly with an employment law attorney in your area; they can best advise you as to your rights under specific state law.


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