Allen, TX asked in Employment Law for Texas

Q: I am a salaried employee I work more then 40 hrs. I don't get paid overtime, but I get docked for 2hrs when out of pto.

example is 1 week I worked 60 hrs in the week but on Friday I was feeling bad so took off 4hrs on Friday. i only had 2 hours of sick time, so on my check the deducted 2 hrs. I get paid twice a month. is this legal? My feeling is that they are treating me as a exempt employee so they don't have to pay over time. yet even if I work 1 hr I should be paid for full day.

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1 Lawyer Answer
Juan B Hernandez
Juan B Hernandez
  • Licensed in Texas

A: The short answer is yes, as long as you are still receiving the guarantee salary. The U.S. Department of Labor Wage and Hour Division issued an opinion that might be related to your situation. In the opinion, it states: "To respond to your specific concern about whether or not an exempt employee’s accrued PTO leave bank may be reduced for partial day absences, the answer is yes. Where an employer has a benefits plan (e.g., vacation time, sick leave), it is permissible to substitute or reduce the accrued leave in the plan for the time an employee is absent from work, whether the absence is a partial day or a full day, without affecting the salary basis of payment, if the employee nevertheless receives in payment his or her guaranteed salary. Payment of the employee’s guaranteed salary must be made, even if an employee has no accrued benefits in the leave plan and the account has a negative balance, where the employee’s absence is for less than a full day." You can view the full opinion at

In regards to whether you are properly classified as a salary, exempt employee, more information is needed to make this determination, you should consult with an employment attorney to discuss further.

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