In a recently decided court case, the Third Circuit Court of Appeals has ruled that paid time off (sometimes referred to as PTO) earned through an employee’s job does not count as part of their salary. As a result, deductions made from an employee’s PTO by their employer does not violate the Fair Labor Standards Act (FLSA). This case is the first of its kind to be decided at the Circuit Court level, meaning it may influence how other similar decisions are made. Continue reading “Federal Appeals Court Says PTO is Not Salary”
Tag: Paid Time Off
Updates To The New York State Paid Family Leave Law
The New York State Paid Family Leave Law requires that every New York State employer provide employees with up to 12 weeks of paid leave for the following:
- the birth, adoption, or placement of a new child
- to care for a family member with a serious health condition, or
- for a qualifying exigency arising from a family member’s military service.
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Employees May Receive Paid Time Off in Lieu of Overtime Pay
Recently, the U.S. House of Representatives passed a law that allows private-sector employers to allow employees to earn Paid Time Off (PTO) instead of overtime pay. H.R. 1180, the Working Families Flexibility Act of 2017, amends the Fair Labor Standards Act of 1938. Under the act, an employee may receive “compensatory time off at a rate not less than one and one-half hours” for each hour of work that overtime pay is required. This means that, instead of receiving overtime pay in their next paycheck, an employee may earn PTO that they may use at a later date that is approved by the employer.
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