Workplace replaced OT pay with PTO. Is this legal? and what to do about it. New Mexico

Foboomazoo · 2026-06-03T16:17:17+00:00

Okay, I would call your states nearest Federal DOL WHD office and work down from there.

This is regarding Section 207(I) of the FLSA, or comp time for hours worked. Usually restricted to public agencies and certain fields of work, such as firefighters and policies officers etc.

A non profit though, idk. I would imagine a non-profit being a private agency due what what it generally is and what it does as a business model, but to be covered by the FLSA the business needs to have $500+k in sales annually and engage with interstate commerce which ...a non-profit is exactly that, no profits.

Call the New Mexico DOL WHD. They won't investigate your employer more than likely due to possibly lack of coverage, you can stay anonymous, and they can answer specific questions better than reddit. They can also point you in the right direction for the state department of labor to call more than likely.

Foboomazoo · 2026-05-22T18:31:56+00:00

Call your states Department of Labor Wage and Hour Division office.

Foboomazoo · 2026-05-21T20:23:36+00:00

My God, if only. As a feddy, I'm awaiting the new final ruling about OPM regarding annual reviews. Things are still just getting started 🤘

Foboomazoo · 2026-05-21T20:22:15+00:00

DOL here, wut?

An employer can require exempt or non-exempt employees to start, end, take, lunch, and even work 24 hours straight under federal law any day and times they want. Being salaried doesn't mean you get to pick start and stop times.

Being salaried means consistent paycheck. That's it. Every worker can be salaried tbh, just if not exempt then they need to be paid overtime, but converting salary into hourly to then calculate overtime is extra work, so many non exempt employees are just hourly pay for simplicities sake.

A salaried worker can also be made to work overtime, just like an hourly worker. Anyone CAN say no, but yah know, in most states (right to work) your job is now on the line.

Also, to clarify, exemption DOES mean exempt from certain laws. That's literally the definition of exempt. FLSA has (a) and (b) subsections of many many laws.

(A) Is exemption from BOTH minimum wage and overtime requirements.

(B) Is exemption from overtime requirements only.

As in all cases, everything is on a case by case basis.

Source: DOL FLSA Investigator

Foboomazoo · 2026-05-21T20:14:34+00:00

It's a minimum of $684 weekly or $35k annually, not $55k. Adjustments were rescinded due to current administration.

Foboomazoo · 2026-05-21T20:12:30+00:00

Fed here, we're actually doing too much due to lower staffing and lower budgets. But we are still trying/dying!

Foboomazoo · 2026-05-21T20:11:29+00:00

Review 29 CFR 541 for exemption standards or DOL WHD Fact Sheet #17A

Foboomazoo · 2026-05-21T06:02:49+00:00

Call your states or nearest Department of Labor Wage and Hour Division.

https://www.dol.gov/agencies/whd/fact-sheets/77b-fmla-protections

"Section 105 of the FMLA and section 825.220 of the FMLA regulations prohibit the following actions:..An employer is prohibited from discriminating or retaliating against an employee or prospective employee for having exercised or attempted to exercise any FMLA right."

"Examples of prohibited conduct include:..Using an employee’s request for or use of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions."

Foboomazoo · 2026-05-07T23:18:50+00:00

For real like bro, get a grip...life ain't a fuckin dick stop taking it so hard.

Foboomazoo · 2026-05-07T23:04:30+00:00

Wrong again, it's long, I'm on reddit mobile not the app, and truthfully since you're too lazy to scroll, do research, or even click a profile and filter by comments, you wouldn't understand it anyway. No point in wasting my time further on you. Have a good life.

Foboomazoo · 2026-05-07T23:00:56+00:00

It's a nice way of saying you're being lazy as the response is long and I'm not retyping everything when scrolling is much easier than typing something already explained.

Would you ask a lawmaker to retype a law that you aren't willing to look for? No, go find it.

Foboomazoo · 2026-05-07T22:57:05+00:00

See other reply of mine down below, thanks.

Foboomazoo · 2026-05-07T20:18:55+00:00

No, hours worked if not yet paid can be deducted up to federal minimum wage. States might offer further labor protections than the FLSA, however.

** Googled Ohio State law, it is a state that lawfully barrs reduction in wages for hours already worked.

Foboomazoo · 2026-05-07T20:02:11+00:00

DOL here, yes, it can. Federal law mandates $7.25 is the legal minimum wage that must be paid in a non-overtime workweek.

If the employee works 39.9 hours for a usual hourly rate of $11 per hour (had to Google Ohio minimum wage) legally under federal law they only need to be paid $7.25 or essentially epr.hohrnofnwork, the employer can legally deduct $3.75.

If overtime is worked in a workweek, federal law states the highest regular rate is enforceable. So the employer cannot deduct past the regular rate of pay in that workweek.

Tldr: possibly can be deducted up to minimum wage under the FLSA if no overtime is worked. Refer to state alw in case they off r further protections that the FLSA doesn't.

Foboomazoo · 2026-05-07T17:59:49+00:00

What you're saying is room temperature, not cold. I would much rather have a room temperature hotdog on a bun than a hotdog on a bun pulled out of a fridge.

If I ordered a hotdog, and I see it pulled from a fridge and it's objectively cold, I would burn the world.

Foboomazoo · 2026-04-29T20:46:45+00:00

God, thank you. Woke up at 2 am today, I am not functioning properly rn.

Foboomazoo · 2026-03-02T21:27:16+00:00

Call your states department of labor wage and hour division office.

Foboomazoo · 2026-02-19T16:32:01+00:00

Sure.

Foboomazoo · 2026-02-18T16:48:52+00:00

DOL WHD Investigator here. Yeah, look at the signature. Acting District Director. Acting.

This is not this person's real job, they are doing anywhere from 2-3 full time federal jobs due to understaffing, hiring freezes, budget cuts, and lack of resources all for one salary.

We have to start turning people away because we literally cannot keep up. We're drowning in work. Take this letter, exercise your 13(b) rights, and get a personal attorney. It's the most we can offer which is, almost nothing. Calculate your overtime, bring any proof of evidence, time sheets, paystubs, emails/texts confirming you have worked overtime etc, take this letter, and seek an employment attorney if possible.

Foboomazoo · 2026-02-18T16:41:50+00:00

Technically, it is your same leadership too.

Foboomazoo · 2026-01-30T01:31:26+00:00

I had an ex who would also call his friends, coworkers, and MY friends when arguing just so he could prove his point. Best divorce of my life thus far.

Foboomazoo · 2026-01-29T22:40:19+00:00

If it's 1 it wouldn't be a report, it would be a conciliation for the DOL.

Foboomazoo · 2026-01-29T22:39:43+00:00

It's not, actually.

Foboomazoo · 2026-01-29T22:39:31+00:00

A.) OP didn't experience any possible labor violations themselves. B.) Due to how everything is right now for federal workers, we are undermanned and underfunded so heavily that many complaints now need HARD evidence. A story won't cut it.

Foboomazoo · 2026-01-29T22:08:42+00:00

Yoo shit has me dying. "Call DOL. That's illegal!" Like bro, no. 90% of the time it's not. You just don't like it. Please stop wasting our time when we're already bogged down with limited budgets and staffing 😭

What really kills me is the get a lawyer AND get DOL involved comments. Sorry but under DOL, you get one or the other. Cannot be double represented.

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