In a strongly worded opinion, a federal judge in Texas held the U.S. Department of Labor (DOL) likely exceeded its authority in implementing its Final Rule raising the minimum salary level requirements for executive, administrative, and professional (EAP) exemptions to the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). State of
Salary, Salary Basis
PTO Deductions Are Not “Salary” Under the FLSA, Third Circuit Holds
By Daniel Thornton on
Posted in Salary, Salary Basis, Wage and Hour
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 employee’s PTO balance do not violate the Act. Higgins v. Bayada Home Health Care Inc.…