News & Analysis as of

Paid Time Off (PTO) Fair Labor Standards Act (FLSA)

Robinson+Cole Manufacturing Law Blog

Spring Things for Employers to Consider

Trees are beginning to bloom, and bees are buzzing in flower fields as spring is officially underway. As summertime approaches and temperatures continue to rise, employers should be prepared for “Spring Things,” such as...more

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

New York City to Require Employers to Physically and Electronically Post Lactation Room Accommodation Policy

New York City employers will be required to physically and electronically post a copy of their written lactation room accommodation policy under recent amendments to New York City’s lactation accommodations law set to take...more

ArentFox Schiff

Navigating New DOL Opinion Letters: Implications for Tip Pooling and Coordinating Paid Family Leave Benefits With FMLA Leave

ArentFox Schiff on

On January 14, the US Department of Labor’s (DOL) Wage and Hour Division (WHD) published two opinion letters, FLSA2025-1, which addresses tip pooling under the Fair Labor Standards Act (FLSA), and FMLA2025-1-A, which provides...more

Bowditch & Dewey

Recent Shifts in Wage and Hour Law – Paid Time Off During FMLA Leave and Exempt Employee Status Challenges

Bowditch & Dewey on

January brought two legal updates in the wage and hour space. Read on! PROHIBITING THE MANDATORY USE OF PAID TIME OFF DURING CERTAIN FMLA LEAVES - On January 14, 2025, the U.S. Department of Labor’s Wage and Hour...more

Bradley Arant Boult Cummings LLP

Dust Off That Old Blog Post: Employee Pay When Facing Snow, Ice and Inclement Weather

With inclement weather, snow flurries, and ice in the forecast, we thought it was best to dust off the old blog post and remind you about best practices to address weather-related issues when paying employees. We hope you all...more

Bradley Arant Boult Cummings LLP

Dusting Off the Ol’ Employee Handbook for 2025

As we prepare for 2025, it’s essential to update your employee handbook to reflect the latest legal requirements, workplace trends, and best practices. Now is an opportune time to review and revise your policies to ensure...more

Proskauer - Law and the Workplace

Potential Government Shutdown – What Every Federal Contractor Needs to Know - December 2024

We appear to be on the precipice of another federal government shutdown.  Absent a political compromise, the federal government’s funding will run out on December 21, 2024.  During previous government shutdowns, government...more

Husch Blackwell LLP

Missouri’s New Minimum Wage and Paid Sick Leave Law: Frequently Asked Questions

Husch Blackwell LLP on

On November 5, 2024, Missouri voters approved an amendment to RSMo § 290.502, increasing the state minimum wage in 2025 and 2026. In addition, voters approved earned paid leave that employees can use for their own or their...more

McAfee & Taft

Employers, resolve to tackle this simpler HR checklist before the new year begins

McAfee & Taft on

New Year’s resolutions. Be they professional or personal, simplistic or life-altering, the beginning of the year affords a fantastic, albeit arbitrary, opportunity to effectuate change. Whatever. I’m not great about keeping...more

Maynard Nexsen

Why Employment Counsel Need a Seat at the Table for All M&A Transactions

Maynard Nexsen on

While it is undisputed that a talented corporate transaction attorney is critical to the success of a deal, it is also imperative that an integral member of the transaction team include a seasoned employment attorney,...more

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

Rumberger | Kirk

How to Avoid FLSA Violations When Requiring Workers to Use PTO

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A federal appeals court recently held that employers don’t run afoul of the Fair Labor Standards Act if they involuntarily reduce workers’ PTO balances. The case addressed deductions for drops in productivity, but it may...more

Alston & Bird

Class Action & MDL Roundup 2023 Q1 – We Don’t Discount Confidentiality

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2023. In this edition, in pork we antitrust, paid time off is not pay, and if it’s free, it won’t cost...more

Marshall Dennehey

Third Circuit Finds Paid Time Is Not Part of an Employees’ Salary Under the Fair Labor Standards Act

Marshall Dennehey on

Key Points: In a matter of first impression, the Third Circuit rejected the argument of the plaintiffs, who were salaried employees, that paid time off (PTO) qualifies as salary under the FLSA. In doing so, the court...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

Rumberger | Kirk

Employer Obligations in Disaster Response

Rumberger | Kirk on

Every region around the world is at risk of experiencing extreme weather events, whether it is tornadoes, wildfires, winter storms, hurricanes, tropical storms, floods, earthquakes or volcanoes. Aon estimated that natural...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

Littler

Littler Lightbulb – March Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month....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

Foley & Lardner LLP

The Third Circuit Concludes that “Salary” Does Not Include PTO

Foley & Lardner LLP on

On March 15, 2023, the U.S. Court of Appeals for the Third Circuit (covering Delaware, New Jersey, and Pennsylvania) held that paid time off is not part of an employee’s salary for purposes of the Fair Labor Standards Act...more

Jackson Lewis P.C.

PTO Deductions Are Not “Salary” Under the FLSA, Third Circuit Holds

Jackson Lewis P.C. on

In an issue of first impression, the U.S. Court of Appeals for the Third Circuit held that paid time off (“PTO”) is not a form of salary under the Fair Labor Standards Act (“FLSA”) and, therefore, deductions from a salaried...more

Poyner Spruill LLP

PTO Is Not Part of Salary According to Third Circuit Court of Appeals

Poyner Spruill LLP on

Paid time off (PTO) is not part of an exempt employee’s salary under the Fair Labor Standards Act (FLSA) according to the Third Circuit Court of Appeals. This means employers can deduct PTO from exempt employees for...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

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