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By Alison Silveira and Kerry Friedrichs

Seyfarth Synopsis: Last week, the United States Court of Appeals for the Third Circuit held that employers can deduct from an employee’s PTO bank for failure to meet clearly defined productivity minimums without violating the salary basis test and jeopardizing the employee’s exempt status.  Higgins v. Bayada Home Health Care Inc. provides…

Continue Reading On the Heels of Helix: Third Circuit Confirms PTO Is Not Part of an Employee’s Salary for the Purpose of Evaluating the Salary Basis Test

Co-authored by Gerald L. Maatman, Jr. and Jennifer A. Riley

Seyfarth Synopsis: In McCaster v. Darden Restaurants, the Seventh Circuit affirmed the District Court’s order denying class certification of claims for denial of earned vacation benefits at separation and granting summary judgment on part-time workers’ claims for accrual of benefits under policies that limited eligibility to full-time employees. The …
Continue Reading Vacation Policies Are Not All-Inclusive; Seventh Circuit Denies Bid to Certify Class And Affirms Summary Judgment on Part-Time Claims