PTO In California: Critical Strategies For Correctly Calculating And Managing Paid Leave Banks
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PTO plans are often touted as a simpler alternative to traditional time-off banks, but California presents unique challenges for employers.
Managing and tracking unexpected time off can be tricky, especially when dealing with partial-day absences for exempt employees. And you can forget about “use it or lose it” policies, which are illegal in the Golden State.
Last but certainly not least, you need to have a good handle on how PTO interacts with California’s paid sick leave law, the Healthy Workplaces, Healthy Families Act of 2014, that took effect July 1, 2015.
Trying to keep track of it all can make you want to pull your hair out. And getting it wrong, even with the best of intentions, can set your company up for a devastating class-action lawsuit. But fear not, help is here.
Join us when Marc Jacuzzi, an experienced California employment attorney, explains the unique legal challenges that accompany PTO administration here in California, and how you can ensure you stay on the right side of both the state labor code and the federal Fair Labor Standards Act.
About Your Presenter
- What an effective, compliant PTO policy looks like here in California, and how it differs from the traditional vacation day/sick day structure
- How to handle partial-day deductions from the leave bank, and how to account for time off that’s not tracked in easily measurable days
- The kinds of notice you need to give to exempt workers before requiring them to use accrued PTO during furloughs
- Alternatives to “use it or lose it” policies
- Dos and don’ts for administering PTO days that carry over from year to year
- Tactics for combining PTO leave with protected leave under the Family and Medical Leave Act and the California Family Rights Act
- The top things you need to know before changing PTO accrual rates
- Smart strategies to use when employees cash out their unused time
- Why misunderstanding the PTO rules can put employees’ exempt status in jeopardy, and how to avoid this potentially catastrophic mistake
- When PTO time amounts to “wages” under California law
- Best practices for structuring your PTO bank
- How to use caps to your advantage
- What a California appeals court recently ruled about forcing salaried exempt employees to use PTO for partial-day absences, and why an updated written policy is essential
Marc Jacuzzi, Esq.
Simpson, Garrity, Innes, & Jacuzzi, P.C.
Marc Jacuzzi has represented numerous employers as defendants in civil rights actions (including claims under the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act, the California Fair Employment and Housing Act (FEHA), and other state discrimination statutes), trade secret misappropriation claims, wage claims, wrongful termination claims; unfair business practices claims (Section 17200), non-competition claims (Section 16600), contract disputes and various tort claims filed with the Equal Employment Opportunity Commission (EEOC), the Division of Labor Standards Enforcement (DLSE), various other state agencies and in various State and Federal Courts.
Mr. Jacuzzi's practice also involves employment law counseling. He regularly advises clients regarding all aspects of the employer/employee relationship including hiring and termination issues, wage and hour requirements, employee classification issues, civil rights/discrimination issues, commission plans, employment contracts, employee handbooks and policies, confidential information agreements, reductions in force, leaves of absence issues, employment audits, M&A employment issues, violence in the workplace issues and international employment issues. Mr. Jacuzzi has also conducted numerous in-house training programs on a number of employment law topics. He is an invited presenter at the 2016 California Employment Law Update.
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|Licenses / Designations / Educational Credits:||PHR / SPHR Re-Certification Credits|
All US States: 1.5
PHR / SPHR Re-Certification Credits
All US States: 1.5
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|Keywords For This Course:|
Paid Time Off, PTO, California, leave, sick days
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