There's not a single democrat who thinks comping vacation time is ok?

[dartsndeacs]

Most the populous ones tend to be democratic anyways. Maybe if Alabama doesn't allow it the dems should, you know, try to let through things that will anger the GOPs base.


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[ChrisL68]

I mean do we really need the federal government to ensure that a company both doesn't specifically say it won't pay out vacation and pressure you not to get overtime pay simultaneously and not trust you to start looking for another job. Tons of people would love to work 10 hour days and get 3 day weekends.

#burdensomeregulation


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Again, most states only pay OT after 40 hours worked in the week in accordance with Federal Law. You live in California. 4 10 hour days wouldn't be overtime most places.

 

[DistrictDeacon]

I'm through the top 5 most populous. Haven't checked Rhode Island yet


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12 out of 50.

 

[dartsndeacs]

12 out of 50.

That have to pay accrued vacation when you leave?

How many states have to pay it out unless there's a specific HR policy saying they won't. As that's what's important


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[DistrictDeacon]

That have to pay accrued vacation when you leave?

How many states have to pay it out unless there's a specific HR policy saying they won't. As that's what's important


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9 by my count.

 

[smallbigtall]

Lots of misinformation here, and palma is right on this one.

The bill allows the employer to give the employee a choice to receive time-and-a-half pay or time-and-a-half PTO. The law specifically does not allow the employer to make that choice for the employee. The only choice the employer has is whether or not to offer the option of time-and-a-half PTO.

The bill also prevents accrued and unused PTO from being unpaid after 31 days of the following fiscal/calendar year. Within 30 days of either termination OR written employee request, the employer must pay for all accrued and unused PTO.

The only power the employer has in this arrangement is the ability to say when the employee is allowed to take PTO. In most companies, PTO is not a "get out of work free" card, it's something that needs to be scheduled and approved in advance by the employee's supervisor. The scheduling and approval of PTO would be handled under the company's existing PTO policy. If you don't like the company's existing PTO policy or the way your supervisor schedules/approves your PTO, opt out of this and instead go for the immediate cash. But if you are comfortable with it and value PTO more than extra cash, this is good news for you.

This is a win for both the employer and the employee.

 

[bym051d]

In the previous ownership of my company, PTO was a yearly use it or lose it. You did not get paid for your balance if you lost it.

For me, it wasn't an issue. My group is pretty easy with taking time off.

In one of our customer facing areas, PTO was not allowed for the second half of the year, due to staffing levels. Many people in that group lost a lot of PTO that they didn't get paid for.

Will this new bill prevent the above from happening? Does it require yearly payout for unused PTO? For all employees or just hourly?

 

[myDeaconmyhand]

From my experience and experience of people I know, having PTO and being able to use PTO are completely different. People at shitty wage jobs dont have PTO for the most part. The person grilling your steak or changing your oil sure as shit doesn't have PTO.

 

[ImTheCaptain]

I mean do we really need the federal government to ensure that a company both doesn't specifically say it won't pay out vacation and pressure you not to get overtime pay simultaneously and not trust you to start looking for another job. Tons of people would love to work 10 hour days and get 3 day weekends. We offer that at our job (9 hour days and 4 hour fridays) and 90% of employees chose it

#burdensomeregulation


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Who was asking for this bill?

 

[smallbigtall]

In the previous ownership of my company, PTO was a yearly use it or lose it. You did not get paid for your balance if you lost it.

For me, it wasn't an issue. My group is pretty easy with taking time off.

In one of our customer facing areas, PTO was not allowed for the second half of the year, due to staffing levels. Many people in that group lost a lot of PTO that they didn't get paid for.

Will this new bill prevent the above from happening? Does it require yearly payout for unused PTO? For all employees or just hourly?

See:

The bill also prevents accrued and unused PTO from being unpaid after 31 days of the following fiscal/calendar year. Within 30 days of either termination OR written employee request, the employer must pay for all accrued and unused PTO.

This is not for all employees, but rather employees who are not exempt under by the Fair Labor Standards Act and thus due overtime pay for any hours worked over 40.

 

[smallbigtall]

From my experience and experience of people I know, having PTO and being able to use PTO are completely different. People at shitty wage jobs dont have PTO for the most part. The person grilling your steak or changing your oil sure as shit doesn't have PTO.

In that case, the person grilling your steak or changing your oil would most likely opt to continue to be paid time-and-a-half as they currently are. This is the employee's decision, not the employer's. If the employee feels like the employer would allow him/her to use the PTO he/she has accrued, this option is now on the table where it was previously forbidden.

One other thing to note is that this practice is already legal in the public sector. This bill merely extends that practice to the private sector.

 

[ImTheCaptain]

cracked tackling this bill with another No BS Column, though smallbig is doing a bang up job

 

[ImTheCaptain]

This isn't the 50's anymore. If employers are scumbags they get yelped and Glassdoored to hell and the free market does the rest


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i love when you post sensible takes and then sprinkle them with these complete shit bombs

#neverchange

 

[DistrictDeacon]

See:



This is not for all employees, but rather employees who are not exempt under by the Fair Labor Standards Act and thus due overtime pay for any hours worked over 40.

Here's how I see it happening. Job offers you 15 days of PTO. You earn 5 days of extra PTO instead of overtime. So you have banked 20 total. Your first 5 days of time off exhaust your "overtime" PTO. After that, the job denies any PTO requests. After a year, your 15 days of PTO expires and you're SOL.

Or jobs just stop offering PTO up front. Want to earn vacation time? Work your overtime.

 

[myDeaconmyhand]

In that case, the person grilling your steak or changing your oil would most likely opt to continue to be paid time-and-a-half as they currently are. This is the employee's decision, not the employer's. If the employee feels like the employer would allow him/her to use the PTO he/she has accrued, this option is now on the table where it was previously forbidden.

One other thing to note is that this practice is already legal in the public sector. This bill merely extends that practice to the private sector.

Are you dismissing or denying the near certainty that many employers are going to pressure employees to "opt" for the OT compensation that they will never use?

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[smallbigtall]

Are you dismissing or denying the near certainty that many employers are going to pressure employees to "opt" for the OT compensation that they will never use?

Neither. I am stating facts. But I'll agree with you. If this bill is passed, shitty employers will break the law and pressure their way into not compensating their employees for overtime.

That said, you will have to agree that even if this bill is not passed, shitty employers will break the law and pressure their way into not compensating their employees for overtime.

In summary, regardless of whether or not this bill is passed, to not compensate your employees for overtime worked is a violation of the Fair Labor Standards Act.

To address your particular concern, the bill makes it illegal to pressure employees to make a choice they do not want. Will it still happen? Sure, by shitty employers who were already looking for and/or engaging in illegal practices to avoid paying overtime.

If a company elects to offer the PTO option to employees, overtime will be tracked and PTO will be accrued for those who opt in, which creates time records that otherwise might go unrecorded. So even if the company does illegally pressure employees to opt in against their will, and then not allow the employees to take the PTO, records will exist that identify exactly what the employees are entitled to receive. These records would serve as one additional protection to the employee's compensation that does not exist under the current cash-only system, in which employers might pressure employees to not log their overtime, thus producing no records that identify what the employees are entitled to receive.

Further, if the company illegally pressures employees to opt in against their will, and then pressures the employees to not log their overtime, they've just engaged in two illegal practices when they could have just engaged in only the latter. Good luck with that.

 

[ImTheCaptain]

so...... hourly people will get fucked, then

 

[myDeaconmyhand]

I think the opportunity for employers to abuse this idea outweighs the choice benefit gained for employees. More opportunity for obfuscation of earnings.

 

[DistrictDeacon]

I think the opportunity for employers to abuse this idea outweighs the choice gained for employees. More opportunity for obfuscation of earnings.

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It's easy to see who benefits from this bill. Just look who is pushing it.

 

[myDeaconmyhand]

Who is pushing this legislation BTW, is it labor groups? Serious question, I havent heard of the proposal until this thread.

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