# Labor law question

**URL:** <https://boards.straightdope.com/t/labor-law-question/574099>\
**Category:** Factual Questions\
**Created:** [March 9, 2011, 10:52pm UTC](https://boards.straightdope.com/t/labor-law-question/574099 "2011-03-09T22:52:29Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![GreenHell](https://avatars.discourse-cdn.com/v4/letter/g/ea666f/32.png) [@GreenHell](https://boards.straightdope.com/u/GreenHell)\
**Post date:** [March 9, 2011, 10:52pm UTC](https://boards.straightdope.com/t/labor-law-question/574099/1 "2011-03-09T22:52:29Z")

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Yes, I know all the “legal advice” warnings and such. Not asking for legal advice, per se. I just have a question. If there is some place in particular where I can research it further, that would be welcome, too.

Wifey was just complaining that when she has to work over 40 hours a week, she is reminded that she is “on salary”, but when she works less than 8 hours in a single day, she is charged PTO for it.

Is there some federal law that is supposed to prevent employers from “haveing both ways” like this? Is it addressed by state laws? Not addressed at all?

Thanks in advance.

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**Author:** ![TravisFromOR](https://avatars.discourse-cdn.com/v4/letter/t/cc9497/32.png) [@TravisFromOR](https://boards.straightdope.com/u/TravisFromOR)\
**Post date:** [March 9, 2011, 10:57pm UTC](https://boards.straightdope.com/t/labor-law-question/574099/2 "2011-03-09T22:57:30Z")

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Look over her contract very carefully. He employer might have slipped in a provision allowing this.

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**Author:** ![Gray\_Ghost](https://avatars.discourse-cdn.com/v4/letter/g/c0e974/32.png) [@Gray\_Ghost](https://boards.straightdope.com/u/Gray_Ghost)\
**Post date:** [March 9, 2011, 11:01pm UTC](https://boards.straightdope.com/t/labor-law-question/574099/3 "2011-03-09T23:01:46Z")

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The following links may be helpful: [DOL employment law guide on overtime/exempt employees](http://www.dol.gov/compliance/guide/minwage.htm), [an link discussing an 2005 opinion letter on deducting PTO from exempt employees](http://library.findlaw.com/2005/Feb/4/146333.html), [discussion of same on an HR msg board](http://community.blr.com/hr/forums/thread/5492.aspx), [discussion of CA’s treatment of a related issue](http://blog.griegolaw.com/2008/02/17/requiring-use-of-accrued-pto-for-exempt-employee-absences/). Googling “PTO and exempt employees” will provide many more links than these.

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**Author:** ![Snnipe\_70E](https://avatars.discourse-cdn.com/v4/letter/s/b5a626/32.png) [@Snnipe\_70E](https://boards.straightdope.com/u/Snnipe_70E)\
**Post date:** [March 10, 2011, 1:56am UTC](https://boards.straightdope.com/t/labor-law-question/574099/4 "2011-03-10T01:56:43Z")

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> [@GreenHell](#):
>
> Yes, I know all the “legal advice” warnings and such. Not asking for legal advice, per se. I just have a question. If there is some place in particular where I can research it further, that would be welcome, too.
> 
> Wifey was just complaining that when she has to work over 40 hours a week, she is reminded that she is “on salary”, but when she works less than 8 hours in a single day, she is charged PTO for it.
> 
> Is there some federal law that is supposed to prevent employers from “haveing both ways” like this? Is it addressed by state laws? Not addressed at all?
> 
> Thanks in advance.

Some employers hire employees and call them “salary”. OT is determined not by being salary or not but by being exempt or not. If you wife is not exempt then she is entitled to OT.