Legal Question in Employment Law in New York

Paying Back Company for TIme off

For economic reasons, our company recently gave us the option to reduce our hourly pay by 8 hours a week, from 32 to 40 (even though we are salaried) OR give up 120 hours of PTO. The problem is that the employees who chose the latter, if they didn't have 120 hours left, had that money that money taken from their paychecks. Some employees did not get a paycheck at all and owe the company for their insurance deductions. Is this legal?


Asked on 8/30/06, 7:44 am

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Paying Back Company for TIme off

I can't give you a definite yes or no answer answer without more information. But the general rule is that a company is obligated to pay you for time worked but not for time not worked, however whether they can retrocatively deduct pay from time not worked, but agreed to be paid in the past is another matter. There could be additional factors such as company written policies, or union or private employment contracts.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 8/30/06, 10:07 am


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