Can pto be used as Overtime?

[helpneeded123]

Jurisdiction

California

I work in California. My boss told me that the new overtime policy is that if I work overtime in the same time period as using any pto time, they will take my "overtime" wages from my pto. But if I do not have any pto in the time period, it will be straight "overtime" not from pto. Is this legal? Then it would not be overtime! It would just be my pto.

 

[mightymoose]

You are not entitled to overtime pay unless you actually work more than 40 hours in a week.
Paid time off does not count toward these hours because you did not actually work them.
If you have a situation where the hours actually worked exceed 40 only then is overtime paid, regardless of how long you might have stayed late one day after work.
It sounds as if the employer is correct.

 

[hrforme]

OT is calculated based on worked hours -- PTO is not considered "worked" hours and can always be counted as straight time and does not add into worked time.

For examples, (with workweek Sunday-Saturday)
(1) you work 9 hours Mon-Thurs = 36 hours and then take 8 hours PTO on Friday. Your worked hours are 36 and then they pay 8 hours PTO -- all 44 at straight time because you didnt' work any OT
(2) you would 11 hours Mon-Thursday = 44 hours and then take 8 hours PTO on Friday, they owe you 40+8 hours straight time plus 4 OT hours. (subject to PTO policy for weeks where the employee already worked more than 40 hours) The 8 hours is NOT counted in total hours worked for OT (you didnt' work 52 hours)

 

[cbg]

Let's remember that CA has daily overtime.

 

[hrforme]

eta: changed my examples to be ones that don't have daily OT:
For examples, (with workweek Sunday-Saturday)
(1) you work 8 hours Mon-Thursday and 4 hours on Friday and 4 hours on Saturday = 40 hours and then take 4 hours PTO for Friday's absence. Your worked hours are 40 and then they pay 4 hours PTO -- all 44 at straight time because you didnt' work any OT in that week (even on a daily basis)
(2) you work 8 hours Mon-Thursday = 32 hours plus 10 hours on Saturday and then take 8 hours PTO on Friday, they owe you 40+8 pto hours straight time plus 2 OT hours. (subject to PTO policy for weeks where the employee already worked more than 40 hours) The 8 hours is NOT counted in total hours worked for OT (you didnt' work 50 hours)