News & Analysis as of

Paid Time Off (PTO) Fair Labor Standards Act (FLSA) Employer Liability Issues

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

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

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

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

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

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

FordHarrison

Chicago Enacts Vaccination Anti-Retaliation and Rights Ordinance

FordHarrison on

On April 21, 2021, the City of Chicago enacted the Vaccine Anti-Retaliation Ordinance that provides all workers in Chicago with rights to obtain COVID-19 vaccinations during their work hours and imposes significant penalties...more

Jackson Walker

Employers’ Obligations to Pay Wages for Workdays Missed During Winter Storm Uri

Jackson Walker on

During the week of February 15, 2021, many North American states experienced yet another record-setting weather-related event, unofficially known as Winter Storm Uri. For Texans, the storm brought rare sights of ice, snow,...more

Fisher Phillips

Charting The Risk Associated With Common Workplace COVID-19 Vaccine Incentive Programs

Fisher Phillips on

Now that a COVID-19 vaccine is becoming increasingly available, how can employers encourage employees to receive it? Beyond requiring the shots as a mandatory condition of employment – which is not an option many employers...more

McGuireWoods LLP

U.S. Department of Labor Issues New Wage and Hour Opinion Letters

McGuireWoods LLP on

On Nov. 3, 2020, the U.S. Department of Labor’s Wage and Hour Division issued two additional opinion letters regarding what constitutes “work time” under the Fair Labor Standards Act (FLSA). The first opinion letter analyzes...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

McAfee & Taft

COVID-19: Round-up of recent DOL guidance and developments

McAfee & Taft on

The effect of furloughs on FFCRA leave - Due to the financial impact of the COVID-19 pandemic, many employers have had to make the difficult decision to furlough members of their workforce. A furlough is not a layoff or...more

Seyfarth Shaw LLP

If Pain, Yes Gain — Part 82: Dallas’ Paid Sick Leave Ordinance Temporarily Blocked by Federal Court

Seyfarth Shaw LLP on

Seyfarth Synopsis:  On March 30, 2020, just two days before Dallas’ paid sick leave ordinance was scheduled to begin full enforcement, a federal court in Texas granted a preliminary injunction prohibiting enforcement of the...more

Seyfarth Shaw LLP

If Pain, Yes Gain — Part 81: Dallas Employers Get Ready–Full Paid Sick Leave Enforcement Begins April 1!!

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Last April, the Dallas City Council passed an ordinance requiring employers to provide employees who work within the City of Dallas with 48 or 64 hours of paid sick leave per year, depending on size. ...more

Hinshaw & Culbertson - Employment Law...

Employer FAQs for COVID-19 (Coronavirus)

Virtually every employer in the United States is having to grapple with how to respond to employment-related issues as a consequence of the coronavirus (COVID-19) pandemic. To assist employers, we have prepared an FAQ...more

Morgan Lewis

New Mandate for Paid Sick Leave and Long-Term Leave Coming for Some Employers Due to COVID-19 Emergency

Morgan Lewis on

On March 18, the US Senate passed a bill to address the coronavirus (COVID-19) public health emergency, imposing a mandate on all employers with fewer than 500 employees, and on all federal and state employers, to provide...more

Morgan Lewis

New Paid Sick Leave Mandate Coming for Some Employers Due to COVID-19 Emergency

Morgan Lewis on

A bill passed by the US House of Representatives on March 13 to address the coronavirus (COVID-19) public health emergency imposes a mandate on all employers with fewer than 500 employees, and on all federal and state...more

Littler

Is Foresight 2020? Employers Confront New Laws Taking Effect in the New Year

Littler on

As the year draws to a close, employers are assessing the next wave of labor and employment laws and regulations they will face in 2020 and beyond. Most new laws taking effect at the end of 2019 and throughout 2020 are at the...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

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

Franczek P.C.

Pay Freeze? Winter Weather and the FLSA

Franczek P.C. on

Oh the weather outside is frightful … No, seriously, it’s actually dangerous here in Chicago. Since much of the city seems to be on lock-down today as we all try not to freeze to death, this seems like a good time to...more

Cozen O'Connor

II-34- Ten Things You Missed From Summer 2018

Cozen O'Connor on

We're back! This brand new episode addresses the 10 developments you may have missed from this past summer of 2018, including employees secretly recording the workplace, new non-compete legislation, the unstoppable #MeToo...more

K&L Gates LLP

Working Wise: Employer Responsibilities in a Natural Disaster

K&L Gates LLP on

In this episode, Nickolas Spiliotis discusses employer responsibilities when a natural disaster hits. He covers wage and hour issues, employee protections, and tips for employers. ...more

Polsinelli

Summertime: Four Tips for Keeping Workplaces Cool as the Temperatures Rise

Polsinelli on

Here are four tips for keeping your workforce temperatures cool, calm and productive during the long, hot summer. 1. Revisit and Communicate Time-Off Policies - School’s out; kid’s out. Academic summer breaks can lead...more

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