News & Analysis as of

Accrued Benefits Exempt-Employees

Fox Rothschild LLP

Smart Employees Use Their Vacation Time: Third Circuit Holds PTO Is Not Part Of Exempt Employees’ Salaries Under the FLSA

Fox Rothschild LLP on

In a boon for employers with exempt employees, the Third Circuit held earlier this year as an issue of first impression that paid time off (PTO) is not part of an exempt employee’s salary under the federal Fair Labor...more

Fox Rothschild LLP

Improper Deductions From Salary Can Jeopardize Exempt Status But Not If Taken From PTO Time: Great Decision!

Fox Rothschild LLP on

The FLSA is very strict concerning proper deductions from exempt employee salaries. Improper deductions can undermine the exemption for the individual employee and possibly the entire class of exempt employees....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Colorado’s November 2021 Rulemaking: ‘Use It or Lose It’ PTO Is Finally Dead, and Other Highlights

On November 10, 2021, after a public hearing and comment submission period, the Colorado Department of Labor and Employment (CDLE) published three final rules: (1) the Colorado Overtime and Minimum Pay Standards Order #38...more

Parker Poe Adams & Bernstein LLP

If Employees Take a Day Off Before PTO Has Accrued, Can Employers Deduct the Absence From Their Salary?

We had a recent question from a client about the intersection between a somewhat unusual paid-time-off policy and the treatment of salaried exempt employees under the Fair Labor Standards Act. Under the PTO plan, employees...more

Maynard Nexsen

Employment Law Update: Wages and Water: What Do We Do?

Maynard Nexsen on

With the recent rain storms that have blanketed the Carolinas and the resulting road damage and closures, this a good time for employers to review their inclement weather policies and to make sure they properly compensate all...more

Epstein Becker & Green

Emergency Legislation to Amend California’s Paid Sick Leave Requirements Signed by Governor, Effective Immediately

Epstein Becker & Green on

Last year, the California Legislature enacted A.B. 1522, the Healthy Workplaces, Healthy Families Act of 2014 (“Act”), which amended California Labor Code Section 245.5 to provide paid sick days to most California employees,...more

Fenwick & West LLP

Partial-Day Leave Deductions Lawful for Exempt Employees

Fenwick & West LLP on

A California court of appeal recently confirmed that employers may require exempt employees to use accrued leave for partial-day absences, even if shorter than four hours. In Rhea v. General Atomics, plaintiff Lori Rhea, on...more

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