Paid Time Off Violations
Paid time off, or PTO, is one type of benefit common among hourly and salaried employees. PTO allows employees to take time away from their job while still receiving pay for those hours. It is a form of benefit offered to employees, which means that, unlike overtime, it is governed by state law.
Unfortunately, some employers withhold the appropriate amount of PTO from their workers. If you believe you have been shortchanged with the amount of time off you are entitled to, experienced wage and hour attorneys might be able to answer your questions. Learning about potential paid time off violations in Ohio could result in recovering compensation for your stolen wages.
Federal and state wage and hour laws aim to provide basic protections for employees. For most people, these protections include minimum wage and overtime compensation.
Unfortunately, employers often attempt to circumvent wage and hour laws, by improperly classifying employees or refusing to provide pay in a timely manner. In any of these scenarios, it is best that you hire a hardworking attorney to explain the Ohio wage and hours laws and help you pursue fair pay in court. Call Tittle & Perlmuter today to set up an initial consultation.
How Paid Time Off Works
While state law does not force an employer to offer PTO, it does provide employees with the right to make use of that time off under most circumstances. There are some situations where the law allows the employer to deny PTO. For example, an employer is under no obligation to accept a PTO request if they informed the employee ahead of time that it is not available for workers who are terminated or quit without notice. Giving the employee advanced notice of these policies is vital.
Whether or not an employee has the right to be compensated for their PTO when they make a career change depends on the company’s policy, and if the company informed the employee of that policy. A worker who announces to their supervisor that they are leaving the company in two weeks is generally allowed to recover the value of their paid time off. However, if the company made it clear at the time of hiring that they will not pay for some or all of PTO benefits when an employee quits, that worker could be out of luck. A local attorney could advise an employee on the possibility of paid time off violations at their workplace.
What Should Employees Do Following a PTO Violation?
If an employee who has left their job believes that they are owed paid time off, they should communicate with their former employer about it directly. If they are unable to resolve the issue with their former employer, they should contact a lawyer.
The Department of Labor may not be involved in matters regarding paid time off, but a lawyer may be able to pursue this PTO violation on behalf of an employee in Ohio. Employee handbooks, any communication about the employer’s PTO policy, and any documents showing how much PTO that employee has accrued can be useful pieces of evidence in such a case.
Role of an Attorney Following a Paid Time of Violation
An employee should contact an attorney any time they have a question about the legal process. A legal representative could discuss the matter with an employee and help them decide if they should disclose to their boss that they have contacted a lawyer.
If an employee believes that they are owed paid time off, a lawyer can bring a lawsuit under state law on their behalf to recover any accrued paid time off that was not given. These cases can be pursued on an individual basis or a class basis, depending on the facts of the case. A class-action lawsuit may be the best fit for a case if an employer has failed to pay accrued time off to 40 or more employees.