Exempt employees and PTO
Margie
8 Posts
We have been looking for information on PTO and exempt employees. We have read in the Federal Law that it is permissible to charge PTO against exempt employees when they take a partial day, as long as we do not dock their pay after they have exhausted their PTO. The question that our HR Department has is what does the Ninth Circuit Court say about this particular subject. We are in Arizona and at the State level there is not State Law. We just want to make sure that we are not violating our exempt employees' status if we charge them with PTO when they take partial days off. Does anyone know?
Comments
Ninth Circuit ruled in Barner v. City of Novato that deductions from PTO
banks in less than full day increments is permissible, as long as you do
not deduct "amounts" (i.e., "cash" "pay" or "salary") from their
paychecks when they exhaust their banks. (17 F.3rd 1256 (1994)).
So, you're cool!
Jane