Monday, December 4, 2023
HomePayrollPTO to Stay Not A part of Wage

PTO to Stay Not A part of Wage

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

For employers, this implies which you can deduct PTO from exempt workers if mentioned workers 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 workers 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 staff towards their employer, Bayada Dwelling Care.

Categorised as exempt workers, underneath FLSA, the plaintiffs had been exempt from minimal wage and additional time necessities and had been assured a weekly wage. As such, deductions can’t be constructed from this wage besides in just a few particular cases and can’t be achieved 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 additional time pay for any additional time workers.

In Higgins v. Bayada Dwelling Well being Care, the defendant, Bayada Dwelling Well being Care, paid workers a assured wage and required workers to satisfy productiveness objectives primarily based on hours that had been spent in-home visits or workers conferences. If workers exceeded their productiveness purpose, they got extra compensation. Nonetheless, if an worker fell in need of their purpose, 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 bunch of workers filed a lawsuit towards Bayada Dwelling 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 workers not hitting their objectives, they had been being paid primarily based on how a lot they labored, a violation for exempt workers. In that case, they had been owed additional time pay as their exempt standing was null.

The Court docket of Appeals upheld the earlier resolution within the case, stating of their resolution, “[a]n employer doesn’t violate these circumstances 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 resolution in favor of employers. Probably, Bayada Dwelling Well being Care shouldn’t be the one employer making deductions primarily based on productiveness. This resolution gives peace of thoughts for different employers with comparable insurance policies that it is a authorized apply.

It additionally gives corporations trying to make comparable insurance policies a great argument for implementing one. Nonetheless, it’s vital to look arduous at such a coverage and determine if it’s the most effective factor for the corporate, although it’s authorized. Most exempt workers 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 corporations a wonderful alternative to refresh themselves on FLSA and the number of deductions that may and can’t be constructed from an exempt worker’s wages. It’s additionally a great time for corporations to assessment what state legal guidelines govern PTO, as these can differ from state to state and exceed the protections of the FLSA.

Whereas the employers had 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 workers’ wages or advantages.

Take a look at the Full Payroll weblog as we speak for up-to-date data on all authorized choices affecting your corporation.


Most Popular