Hello, I'm in Texas.
I'm having an issue with missed wages. My employer requires us to work 72 hours/2 weeks. If 72 hours are not worked, our PTO must be taken to reach the 72 hour mark. This rule includes if a clock in or clock out was missed, for whatever reason. In my situation, I missed a clock out, and did not see it on my time card until the paycheck for the week had been issued. I noticed that 10.8 hours of my PTO was taken to make me up to the 72 hour mark, because it appears like I missed a shift without the clock out stamp. The timekeepers for my employer are refusing to return the PTO. I am wondering how this can be legal. I asked to see a written policy on this, and they have failed to produce anything. They say we are responsible for double checking timecards. They also say returning PTO was a “courtesy” they are not performing anymore.
Additionally, they are paying me at my base rate for PTO, instead of the full base rate plus differentials I would normally get for the labor I worked. I am owed extra for working overnights, and I did work overnight for that shift.
Since they took my PTO and I didn't technically use PTO, I am wondering if this lack of refund is considered illegal for missed wages (double dipping and not technically paying for my true labor). It seems to me that they are stealing my PTO.