News & Analysis as of

Fair Labor Standards Act (FLSA) Accrued Benefits

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

Littler

Third Circuit Finds Deductions from Accrued PTO Do Not Violate Salary Basis Requirement for Exempt Employees

Littler on

The Third Circuit recently highlighted the flexibility afforded to employers when providing fringe benefits to salaried exempt employees. In Higgins v. Bayada Home Health Care Inc., No. 21-3286, 2023 WL 2518345 (3d Cir. Mar....more

Fox Rothschild LLP

Colorado Issues New Rules Governing Employee Compensation for 2022

Fox Rothschild LLP on

The Colorado Department of Labor and Employment (CDLE) has adopted new rules, effective Jan. 1, 2022, pertaining to overtime and minimum pay, adjusted labor compensation and wage protection. These changes, adopted Nov....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

Manatt, Phelps & Phillips, LLP

Employment Law - August 2015

California Sick Leave Law Gets Updates - Why it matters: California's Healthy Workplaces, Healthy Families Act just took effect on July 1 but Governor Jerry Brown has already signed into law tweaks to the statute....more

Fenwick & West LLP

Fenwick Employment Brief - July 2015

Fenwick & West LLP on

New Amendments Clarify California Paid Sick Leave - This month, the California Legislature enacted AB 304, an urgency measure that became effective on July 13 and provides much needed clarity on various aspects of...more

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