News & Analysis as of

Paid Time Off (PTO) Exempt-Employees

Lerch, Early & Brewer

Clint Eastwood, Common Employer Mistakes, and Happy Plaintiffs’ Attorneys

Lerch, Early & Brewer on

“Go ahead, make my day” – catchphrase from the 1983 film, Sudden Impact, spoken by the character Harry Callahan, played by Clint Eastwood. With a nod to Clint Eastwood, below are 12 things that employers do (or fail to...more

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

Seyfarth Shaw LLP

If Pain (Or Anything Else), Yes Gain – Part 108: Illinois DOL Publishes Answers to FAQs on Paid Leave for All Workers Act

Seyfarth Shaw LLP on

What You Need To Know: - Effective January 1, 2024, Illinois’ Paid Leave for All Workers Act requires most employers in the State of Illinois to offer 40 hours of paid leave for any reason to employees. Seyfarth’s prior...more

Fox Rothschild LLP

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

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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

Venable LLP

Third Circuit Rules that PTO Is Not Part of FLSA Salary

Venable LLP on

On March 15, 2023, the U.S. Court of Appeals for the Third Circuit held that paid time off (PTO) is not part of an employee's salary for purposes of the Fair Labor Standards Act (FLSA)....more

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

Third Circuit Finds Deductions From Exempt Employees’ PTO Do Not Impact Exempt Status Under the FLSA

On March 15, 2023, in a case of first impression, the United States Court of Appeals for the Third Circuit held that paid time off (PTO) is not part of an employee’s salary. Therefore, the employer did not compromise...more

Fisher Phillips

Federal Appeals Court Confirms the Obvious: “Salary” Does Not Include Fringe Benefits

Fisher Phillips on

A federal appeals court just ruled that paid time off (PTO) is not a part of an employee’s salary under federal wage and hour law, shutting down an inventive attempt by plaintiffs’ attorneys to find a new way to assert wage...more

Cozen O'Connor

Third Circuit Rules PTO Not Salary in Win For Employers

Cozen O'Connor on

In a win for employers, on March 15, 2023, the U.S. Court of Appeals for the Third Circuit held that paid time off (PTO) does not constitute salary for purposes of the Fair Labor Standards Act (FLSA)....more

Stevens & Lee

Deducting Fringe Benefits for Underperformance Does Not Entitle Employees to Overtime Pay

Stevens & Lee on

Per a recent Third Circuit ruling, employers do not destroy the salary basis test for exempt employees by making fringe benefit deductions. The Third Circuit held that the term “salary” does not include fringe benefits such...more

Fox Rothschild LLP

Bad Weather And The FLSA—The Difference Between Exempt And Non-Exempt Workers

Fox Rothschild LLP on

Although Spring is almost here, many areas in the country are still being socked with winter storms. When snowstorms hit and a business closes for the entire or part of the day, the issue often arises as to whether the...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

Jackson Lewis P.C.

Compensation Considerations And Wildfires

Jackson Lewis P.C. on

Employers may understand the workplace safety concerns surrounding wildfires, but there are other employment issues that employers should consider in the event of a wildfire near the worksite. The California Labor...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

Jackson Walker

Frequently Asked Questions: Labor & Employment for Nonprofit Organizations

Jackson Walker on

The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more

Sherman & Howard L.L.C.

COVID-19 Updates: Arizona Employment Law Issues

This presentation provides a brief overview of common employment issues Arizona companies are currently facing as they navigate the unforeseeable consequences COVID-19 has had on their businesses....more

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

You Need to Cut Costs, but Don’t Want a RIF: Alternatives to Terminations in the Age of COVID-19

During this season of COVID-19, in which the duration of the crisis is unknown, employers across the country are seeking to implement cost-cutting measures which avoid full-blown reductions in force (RIFs). Many employers are...more

Payne & Fears

Remote Work Issues to Consider in Light of COVID-19

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Many employers have elected to implement a remote work policy in light of the COVID-19 coronavirus outbreak.  If you are one of them, you should consider the following as you transition your workforce to a remote working...more

Bradley Arant Boult Cummings LLP

Home For the Virus Days? How to Handle Keeping Your Workers Away From the Office to Address COVID 19 Concerns

With companies try to keep employees safe but still conduct business while the coronavirus flattens out, employers should be mindful of their obligations to employees while working off-site. Non-exempt Hourly Employees - ...more

Troutman Pepper

Pittsburgh Extends Paid Sick Leave to Employees, Differing from Philadelphia Law in Key Ways

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Q.  My company has offices in Philadelphia and Pittsburgh. Is Pittsburgh’s new paid sick leave law the same as Philadelphia’s paid sick leave law?...more

Cozen O'Connor

Severe Flu Season Creates HR Challenges

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With the outbreak of the corona virus dominating headlines, it is a great time to dust off the company policy on dealing with flu season and infectious diseases, generally, in the workplace.  Contagious diseases are...more

Kramer Levin Naftalis & Frankel LLP

Mark Your Calendars, New York Employers: A Look at the 2020 Effective Dates for Employment-Related Legislation

2019 brought a number of important changes in the law that warrant the attention of New York employers. Start off the new year right and ensure your calendars are up to date by including the 2020 effective dates of these New...more

Seyfarth Shaw LLP

If Pain (or Anything Else), Yes Gain—Part 76: Nevada Labor Commissioner’s Office Releases Guidance on Paid Leave Law

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Seyfarth Synopsis: In June 2019, the Nevada Paid Leave Law (“PTO Law”) went into effect “for the purpose of adopting any regulations and performing any other preparatory administrative tasks necessary to carry out [its]...more

Fisher Phillips

As Winter Approaches, Prepare Your Workplace For The Cold November Rain

Fisher Phillips on

Tastes may differ, but there can be no dispute that the music video for “November Rain,” the ultimate power ballad by the ultimate Hair Nation band of the 1980s, Guns N’ Roses, is the best video ever created. It’s like a...more

Seyfarth Shaw LLP

When Disaster Strikes: How Employers Should Respond to Wildfires

Seyfarth Shaw LLP on

Seyfarth Synopsis: When faced with wildfires or natural disasters, California employers must keep calm, carry on, and continue to meet their obligations under California law. ...more

Cozen O'Connor

Countdown to 2020: Five Hot Compliance Tips to Keep HR Professionals Out of Hot Water

Cozen O'Connor on

It is time to make sure you are ready for 2020 (and beyond). Here are five (5) hot HR compliance issues you should be tracking and implementing: New Salary Thresholds for Exempt Employees under the Fair Labor Standards Act -...more

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