14.9 C
New York
Tuesday, September 26, 2023

PTO to Stay Not A part of Wage

On March 15, a three-judge panel of the third U.S. Circuit Courtroom of Appeals dominated that Paid Time Off (PTO) will not be a part of an exempt worker’s wage as specified by the Honest Labor Requirements Act (FLSA). 

For employers, this implies that you would be able to deduct PTO from exempt staff if mentioned staff don’t meet sure targets or productiveness objectives. In a first-of-its-kind case, the panel dominated {that a} wage is a set quantity of compensation paid to staff at common intervals, and PTO is a fringe profit that doesn’t have an effect on an worker’s wages. This implies it may be paid irregularly. 


The query of PTO being a part of an worker’s wage was raised by means of a lawsuit filed by healthcare employees towards their employer, Bayada House Care. 

Labeled as exempt staff, below FLSA, the plaintiffs have been exempt from minimal wage and time beyond regulation necessities and have been assured a weekly wage. As such, deductions can’t be constituted of this wage besides in a number of particular situations and can’t be carried out primarily based on the standard or amount of labor the worker performs. If deductions are made improperly, exemption standing is misplaced, and the employer should pay time beyond regulation pay for any time beyond regulation staff. 

In Higgins v. Bayada House Well being Care, the defendant, Bayada House Well being Care, paid staff a assured wage and required workers to satisfy productiveness objectives primarily based on hours that have been spent in-home visits or workers conferences. If staff exceeded their productiveness objective, they got further compensation. Nonetheless, if an worker fell in need of their objective, an equal quantity was deducted from the PTO that they had accrued. It’s vital to notice that it was by no means deducted from an worker’s assured base wage. 

A gaggle of staff filed a lawsuit towards Bayada House Well being Care, alleging that they violated the FLSA’s salary-based necessities with their productiveness factors system. They argued that when the corporate deducted from the PTO of staff not hitting their objectives, they have been being paid primarily based on how a lot they labored, a violation for exempt staff. In that case, they have been owed time beyond regulation pay as their exempt standing was null. 

The Courtroom of Appeals upheld the earlier choice within the case, stating of their choice, “[a]n employer doesn’t violate these situations by deducting from an worker’s PTO as a result of, when an employer docks an worker’s PTO, however not her base pay, the predetermined quantity that the worker receives on the finish of a pay interval doesn’t change.”

What Does This Imply for Employers?

This is a crucial choice in favor of employers. Probably, Bayada House Well being Care will not be the one employer making deductions primarily based on productiveness. This choice gives peace of thoughts for different employers with related insurance policies that this can be a authorized apply. 

It additionally gives firms seeking to make related insurance policies a great argument for implementing one. Nonetheless, it’s vital to look arduous at such a coverage and resolve if it’s one of the best factor for the corporate, although it’s authorized. Most exempt staff view their accruing PTO as a part of their wage and never only a fringe profit. These sorts of deductions might have an effect on your worker morale, particularly if the deductions are a brand new coverage. 

If nothing else, this case making headlines provides firms a superb alternative to refresh themselves on FLSA and the number of deductions that may and can’t be constituted of an exempt worker’s wages. It’s additionally a great time for firms to assessment what state legal guidelines govern PTO, as these can fluctuate from state to state and exceed the protections of the FLSA. 

Whereas the employers have been the winners on this lawsuit, it’s all the time greatest to seek the advice of with authorized counsel earlier than deciding whether or not or to not make any deductions from exempt staff’ wages or advantages. 

Try the Full Payroll weblog right this moment for up-to-date info on all authorized selections affecting what you are promoting. 

Related Articles


Please enter your comment!
Please enter your name here

Stay Connected

- Advertisement -spot_img

Latest Articles