Legal Question in Employment Law in North Carolina

I work 8 hours and 45 min per day. When I use my PTO ,my employer only pays me for 8 hours. She states it is too confusing for her to add in 45 minutes.Therefore I lose 45 minutes whenever I take a day off.Is this legal? and What can I do?

Asked on 1/06/13, 5:46 am

1 Answer from Attorneys

Kenneth Love Ken Love Law

This is tricky...technically a boss only has to pay for what is "normally" a full day (8 hours) for a paid day off. But if you always or almost always work the additional 45 minutes, you may have a case. I would recomend you call the Wage and Hour bureau with the North Carolina Department of Labor...they will be able to confirm the requirements and if your boss is under paying they can work to get the money paid.

Also, keep in mind that retaliation by a boss is illegal, but it happens and is difficult to prove. If you make this an issue (not saying you necessarily shouldn't, just want to provide the information), your boss may start looking for any excuse to get rid of you or get you to quit. I would make sure you take a strong look at your employee handbook and make sure you understand every rule and policy and make sure you don't violate any of them.

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Answered on 1/06/13, 7:47 pm

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