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How do we handle these PTO issues to comply with the FLSA?

11/29/2018

Q: “Regarding the FLSA, a salaried exempt computer professional puts in for 16 hours vacation but ends up with 92 actual work hours for the 80-hour pay period. He/she does not delete the vacation hours from their timesheet, and I am being instructed to still take the vacation time from their PTO bank. Of course, I know that this is not fair. However, is this even legal? “One more FLSA scenario: A salaried exempt employee works 102 actual work hours during an 80-hour pay period. Of course, he/she is paid their regular salary for that pay period. The following pay period, they only work 78 hours. I am being instructed to make them use PTO for the two additional hours to make a full 80 hours. Again, is this allowed under FLSA?” — Donna, New Jersey  

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