News & Analysis as of

Paid Time Off (PTO) Fringe 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

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

Fisher Phillips

Top Workplace Law Stories You May Have Missed from March 2023

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...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

Pierce Atwood LLP

What Maine Employers Need to Know About 2019 Workers' Compensation “Reforms”

Pierce Atwood LLP on

It was inevitable that some of the 1993 reforms that stabilized Maine’s workers’ compensation market and brought Maine closer to the national average in terms of cost and benefits would be peeled back when the 129th...more

Littler

WPI State of the States: What State and Local Measures Will Appear on the Ballot?

Littler on

After the California legislature adjourned—sending several noteworthy labor and employment bills to Governor Brown for his veto or signature in September—only a few states remain in active session. ...more

Hogan Lovells

Three new acts change tax and employee benefit rules and might require employer action

Hogan Lovells on

Congress and the Administration have been busy recently, enacting not only the "Tax Cuts and Jobs Act" or "TCJA" on December 22, 2017, but also a Continuing Resolution on January 23, 2018, and the Bipartisan Budget Act of...more

Obermayer Rebmann Maxwell & Hippel LLP

Placing “Limits” on “Unlimited” Vacation Policies

With flexibility and work-life balance becoming increasingly important to employees, employers are rethinking the concept of vacation time as a fringe benefit; and some employers are responding to the needs of their employees...more

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