SAFETY & COMPLIANCE NEWS
Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.
Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
FEATURED NEWS
2025-12-03T06:00:00Z
NewsIndustry NewsWage and HourWage and HourAssociate Benefits & CompensationHR GeneralistSalary deductionsFair Labor Standards Act (FLSA)In-Depth ArticleHR ManagementEnglishFocus AreaHuman ResourcesUSA
May employers require exempt employees to use PTO for half-day absences?
‘Tis the season for time off. Complying with wage and hour laws can be tricky, but especially at this time of year, when many employees are coming and going, whether due to vacations, holidays, or illnesses.
Tracking nonexempt employees’ hours is pretty straightforward. However, employers should know that they may require exempt employees to use paid time off (PTO) for absences of less than a full day, but doing so depends on several factors.
Under the federal Fair Labor Standards Act (FLSA), employers must pay exempt employees their full salary for each week they perform any work. If they don’t, employers risk an FLSA violation, and those employees could lose their exemption.
Employers may deduct from exempt employees’ accrued paid time off (PTO) leave bank for partial-day absences. This, essentially, requires exempt employees to use their PTO for absences of less than a day. Employers must, however, be careful.
Where employers have a benefits plan (e.g., vacation time, sick leave), they may reduce the accrued leave for the time an employee is absent from work, whether the absence is a partial day or a full day, without affecting the employee’s exemption, as long as the employee receives their guaranteed weekly salary.
This is true even if the employee has no accrued benefits in the leave plan and the account has a negative balance.
Full-day absences
If employees are absent for 1 or more full days for personal reasons (e.g., car repair), other than sickness or disability, employers may deduct from their salary, as opposed to their PTO bank.
If, for example, an exempt employee is absent for 2 full days to move to a new house, the employer may deduct from the employee’s weekly salary for the 2 days. If, however, the employee is absent for 1.5 days, the employer may deduct from the employee’s salary only for the 1 full-day absence. The employer may deduct from the employee’s PTO bank for the partial-day absence.
While employers don’t have to have a bona fide sick leave plan, they may make such deductions due to absences related to sickness or disability only if they have one. Employers must communicate the plan to eligible employees and follow the plan.
To be bona fide, employers must administer the plan impartially, and its design shouldn’t reflect an effort to evade the salary-basis requirement.
Whether a particular plan is bona fide would be based upon the actual design of and practices applicable under the plan. A PTO plan might qualify as bona fide even though it’s not exclusively for use during sickness or disability.
Assuming that a bona fide plan exists, employers may make deductions from an employee’s salary for absences of 1 or more full days because of sickness or disability before the employee has qualified under the plan and after the employee has exhausted their PTO/sick leave.
Key to remember: Employers may deduct from exempt employees’ PTO bank for partial-day absences.
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RECENT INDUSTRY HIGHLIGHTS
2025-12-03T06:00:00Z
NewsIndustry NewsEnforcement and Audits - OSHASafety & HealthGeneral Industry SafetyFocus AreaIn-Depth ArticleEnglishOSHA Violations and PenaltiesUSA
Under 100 employees? Top 10 OSHA pitfalls for non-construction
If you’re a smaller-size, non-construction employer, you know you have OSHA requirements. Yet, you may not have a team of safety professionals to ensure you stay on track. The good news is you have one trick up your sleeve! You can see where the peers in your size bracket went wrong. Reviewing the top 10 OSHA violations for your size may help you to tackle some of your bigger OSHA obligations. It will also give you an edge in an OSHA inspection if you can get “up to code” with these major standards.
Each year, OSHA identifies frequently cited standards for the previous fiscal year. While these violations can lead to costly penalties, they also reveal gaps in safety and health training, inspections, written safety plans, signs/labels, and other duties. Our table shows the top 10 non-construction violations in fiscal year 2025 for employers with fewer than 100 employees, as well as the three industries that violated them the most. (Data reflect October 2024 through September 2025.)
| Rank | OSHA requirement | Top 3 violators |
| 1 | 1910.1200 - Hazard communication (HazCom) |
|
| 2 | 1910.134 – Respiratory protection |
|
| 3 | 1910.178 – Powered industrial trucks |
|
| 4 | 1910.147 – The control of hazardous energy (lockout/tagout) |
|
| 5 | 1910.212 – Machine guarding |
|
| 6 | 1903.19 – Abatement verification |
|
| 7 | 1910.303 – Electrical – General |
|
| 8 | 1910.132 – Personal protective equipment (PPE) – General requirements |
|
| 9 | 1910.305 – Electrical – Wiring methods, components, and equipment for general use |
|
| 10 | Section 5(a) of OSH Act – General Duty Clause |
|
Breaking it down
The HazCom standard rose to first place on our list of violations for non-construction employers with less than 100 employees. HazCom is about the employees’ right to understand the hazardous chemicals they are exposed to at work. That standard was followed by the Respiratory Protection and Powered Industrial Trucks standards. Three industries dominated the violations for all three — fabricated metal product manufacturing, repair and maintenance, and non-metallic mineral product manufacturing.
Citations in our top 10 were heavily concentrated in manufacturing industries, perhaps not surprising as these work environments can present a wide range of hazards such as chemicals, moving machinery and equipment, and temperature extremes. However, don’t let that fool you! Any general industry employer could be slapped with the violations in our list, if applicable. Don’t forget that OSHA can use the General Duty Clause (our number 10 violation on the list) to cite serious, recognized hazards for which no regulatory standard exists, such as heat, ergonomics, workplace violence, and unanchored metal racks.
Interestingly, food manufacturers were roped in the top three violators for lockout/tagout and electrical citations. Because employees in this industry may perform equipment maintenance or otherwise be exposed to hazards during this maintenance, lockout/tagout covers these activities. OSHA’s electrical standards are designed to protect employees exposed to dangers such as electric shock and electrocution. Section 1910.303 applies to the examination, installation, and use of electrical equipment, particularly the safety of equipment like appropriate markings, space around equipment, and guarding of live parts. Red flags for OSHA compliance officers are blocked electrical panels, missing markings on electrical panels, and improper use of PPE. Section 1910.305 applies to grounding; temporary wiring; cable trays, boxes, and fittings; switches and panelboards; enclosures for damp or wet location; insulation; and flexible cords and cables. OSHA will look for things like burned electrical outlets, damaged extension cords, and lack of training for employees doing electrical work.
Number six on the list, abatement verification, was a surprise. Under 1903.19, “abatement” means action by an employer to comply with a cited standard or regulation or to eliminate a recognized hazard identified by OSHA during an inspection. OSHA sets a date for hazards to be corrected, and employers must:
- Certify and document that the hazards are corrected;
- Submit an abatement plan and/or a progress report, in some cases; and
- Inform affected employees and their representative(s) about abatement activities by posting a copy of each document submitted to OSHA or a summary of the document near the place where the violation occurred.
Failure to abate a cited hazard can cost you $16,550 per day beyond the abatement date, up to 30 days. That amounts to almost $500,000 per citation in addition to the original penalty amount!
Key to remember: Although the top violators in our list were concentrated in manufacturing in fiscal year 2025, all small, non-construction employers who fall under OSHA jurisdiction can use the top 10 table to strengthen their safety programs, protect their workforce, and reduce their chances of a citation.
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2025-12-03T06:00:00Z
NewsIndustry NewsRisk Management TransportationRisk Management - Motor CarrierHazmat SafetyFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationUSA
Create a culture of safety in trucking, part 2: Engaging employees and modernizing training
Building a strong safety culture goes beyond fixing hazards. It requires engaging employees and modernizing training programs. Outdated safety videos and monotonous meetings do little to inspire action.
A fresh approach can make safety training more relevant and impactful. When you invest in safety training, you’re investing in your employees and their safety.
Consider the following actions to help capture your employees’ attention.
Step 1: Update training materials
Start by updating training materials to reflect current best practices and real-world scenarios. Use interactive formats such as short videos, quizzes, and group discussions to keep employees engaged. Monthly safety meetings should focus on practical topics and encourage participation rather than simply reviewing rules.
When employees feel involved, they’re more likely to retain information and apply it on the job. Consider incorporating real-life examples from your own operations to make the training relatable.
2: Enhance safety incentive programs
Safety incentive programs also need attention. Traditional reward systems often fail to motivate employees. Instead, create meaningful incentives that recognize proactive behaviors, such as reporting hazards or suggesting improvements. Rewards can include gift cards, recognition events, or even additional time off.
These programs should celebrate safe behaviors, not just the absence of accidents. Public recognition during meetings or in newsletters can also boost morale and reinforce positive habits.
3: Go all-in with employee engagement
Employee involvement is critical to sustaining a safety culture. Form safety committees at each terminal and include drivers and warehouse staff. These committees provide a platform for employees to voice concerns and propose solutions. When workers feel heard, they take ownership of safety initiatives, creating a sense of shared responsibility.
Encourage committees to conduct walkthroughs, identify hazards, and then share their findings with management for quick resolution. Regular feedback loops help maintain momentum. Share progress on accident and injury reduction goals and celebrate milestones.
Transparency builds trust and reinforces the importance of safety. Employees should know that their efforts make a measurable difference. Posting monthly safety metrics in break rooms or on digital boards can keep everyone informed and motivated. Gamifying safety goals with leaderboards or team challenges can also make participation fun and competitive. These strategies turn safety into a shared mission rather than a management directive.
Modernizing training and engaging employees transforms safety from a compliance requirement into a core value. When everyone participates, the result is fewer accidents, fewer injuries, and a stronger, more resilient workforce. Safety becomes a part of the company’s identity, not just a checklist item.
Key to remember: The ultimate goal is to create an environment where employees feel empowered to speak up, take action, and work together to keep everyone safe.
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2025-12-03T06:00:00Z
NewsIndustry NewsIndustry NewsAssociate Benefits & CompensationHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)Associate RelationsEnglishHR ManagementFocus AreaHuman ResourcesUSA
Employee’s multiple claims didn’t show FMLA violations
An employee who had multiple workplace complaints had plenty to say in court, even if the complaints didn’t point to any actual violations. To win the case, however, the aggrieved employee had to show that their employer's actions violated an employment law, including when it was related to the federal Family and Medical Leave Act (FMLA).
In his suit, Charles, a mechanic, seemingly didn’t have the best workplace experience. He had filed two previous claims against his employer and indicated that his employer treated him in a less-than-desirable manner.
Charles’ complaints included the following:
- The employer wrote him up and threatened him with an occurrence because he didn’t respond to messages when he was in the bathroom, due to his alleged disability (diverticulitis). The employer then questioned him as to his whereabouts, even after he explained that he was in the bathroom in gastrointestinal distress. This allegedly involved being put in a room with employer representatives, with someone in a chair blocking the door and preventing Charles from leaving.
- Dorothy, an assistant administrator, questioned and interrogated him “on how he had replaced a part on a bus needing repair with a part that purportedly was not in stock,” Charles claimed that the inventory records weren’t accurate and hadn’t been since he started. When he asked why he was the only mechanic not allowed to pick up parts, Dorothy didn’t give him a reason and, in a hostile and condescending tone, told him, “Because I said so.”
- Management called Charles into the office because “he had been absent on certain days.” He explained that the company had awarded him FMLA leave for that time, and alleged that “Management... did not believe him and continued to question, interrogate, and harass him regarding the absences.”
- A supervisor told Charles that he had come to learn that Charles had been put on a “blacklist,” and that management was trying to get rid of him because of and in response to his prior-filed grievances.
- The company began attempting to set him up to arrive late at random drug testing appointments to get him fired, by setting appointments and not giving him enough time to make the appointments.
- Dorothy had “inappropriately touch[ed] him” on two occasions “in a manner that made him feel uncomfortable.”
While Charles had plenty of complaints, in the end, the court dismissed his claim because he couldn’t show that all these issues had anything to do with his FMLA leave. He had no evidence of the connection between such actions and his protected FMLA leave rights. At the time of this writing, Charles was still working for the employer.
Mattison v. Maryland Transit Administration, Maryland Department of Transportation, District of Maryland, No. 24-cv-3338, October 29, 2025
Key to remember: Just because employees feel the employer is treating them poorly at work, employees still need to be able to connect the treatment to viable evidence of an FMLA violation.
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2025-12-02T06:00:00Z
NewsIndustry NewsWage and HourWage and HourAssociate Benefits & CompensationHR GeneralistSalary deductionsFair Labor Standards Act (FLSA)In-Depth ArticleHR ManagementEnglishFocus AreaHuman ResourcesUSA
May employers require exempt employees to use PTO for half-day absences?
‘Tis the season for time off. Complying with wage and hour laws can be tricky, but especially at this time of year, when many employees are coming and going, whether due to vacations, holidays, or illnesses.
Tracking nonexempt employees’ hours is pretty straightforward. However, employers should know that they may require exempt employees to use paid time off (PTO) for absences of less than a full day, but doing so depends on several factors.
Under the federal Fair Labor Standards Act (FLSA), employers must pay exempt employees their full salary for each week they perform any work. If they don’t, employers risk an FLSA violation, and those employees could lose their exemption.
Employers may deduct from exempt employees’ accrued paid time off (PTO) leave bank for partial-day absences. This, essentially, requires exempt employees to use their PTO for absences of less than a day. Employers must, however, be careful.
Where employers have a benefits plan (e.g., vacation time, sick leave), they may reduce the accrued leave for the time an employee is absent from work, whether the absence is a partial day or a full day, without affecting the employee’s exemption, as long as the employee receives their guaranteed weekly salary.
This is true even if the employee has no accrued benefits in the leave plan and the account has a negative balance.
Full-day absences
If employees are absent for 1 or more full days for personal reasons (e.g., car repair), other than sickness or disability, employers may deduct from their salary, as opposed to their PTO bank.
If, for example, an exempt employee is absent for 2 full days to move to a new house, the employer may deduct from the employee’s weekly salary for the 2 days. If, however, the employee is absent for 1.5 days, the employer may deduct from the employee’s salary only for the 1 full-day absence. The employer may deduct from the employee’s PTO bank for the partial-day absence.
While employers don’t have to have a bona fide sick leave plan, they may make such deductions due to absences related to sickness or disability only if they have one. Employers must communicate the plan to eligible employees and follow the plan.
To be bona fide, employers must administer the plan impartially, and its design shouldn’t reflect an effort to evade the salary-basis requirement.
Whether a particular plan is bona fide would be based upon the actual design of and practices applicable under the plan. A PTO plan might qualify as bona fide even though it’s not exclusively for use during sickness or disability.
Assuming that a bona fide plan exists, employers may make deductions from an employee’s salary for absences of 1 or more full days because of sickness or disability before the employee has qualified under the plan and after the employee has exhausted their PTO/sick leave.
Key to remember: Employers may deduct from exempt employees’ PTO bank for partial-day absences.
Keep reading...Show less
2025-12-02T06:00:00Z
NewsIndustry NewsWage and HourWage and HourAssociate Benefits & CompensationHR GeneralistSalary deductionsFair Labor Standards Act (FLSA)In-Depth ArticleHR ManagementEnglishFocus AreaHuman ResourcesUSA
May employers require exempt employees to use PTO for half-day absences?
‘Tis the season for time off. Complying with wage and hour laws can be tricky, but especially at this time of year, when many employees are coming and going, whether due to vacations, holidays, or illnesses.
Tracking nonexempt employees’ hours is pretty straightforward. However, employers should know that they may require exempt employees to use paid time off (PTO) for absences of less than a full day, but doing so depends on several factors.
Under the federal Fair Labor Standards Act (FLSA), employers must pay exempt employees their full salary for each week they perform any work. If they don’t, employers risk an FLSA violation, and those employees could lose their exemption.
Employers may deduct from exempt employees’ accrued paid time off (PTO) leave bank for partial-day absences. This, essentially, requires exempt employees to use their PTO for absences of less than a day. Employers must, however, be careful.
Where employers have a benefits plan (e.g., vacation time, sick leave), they may reduce the accrued leave for the time an employee is absent from work, whether the absence is a partial day or a full day, without affecting the employee’s exemption, as long as the employee receives their guaranteed weekly salary.
This is true even if the employee has no accrued benefits in the leave plan and the account has a negative balance.
Full-day absences
If employees are absent for 1 or more full days for personal reasons (e.g., car repair), other than sickness or disability, employers may deduct from their salary, as opposed to their PTO bank.
If, for example, an exempt employee is absent for 2 full days to move to a new house, the employer may deduct from the employee’s weekly salary for the 2 days. If, however, the employee is absent for 1.5 days, the employer may deduct from the employee’s salary only for the 1 full-day absence. The employer may deduct from the employee’s PTO bank for the partial-day absence.
While employers don’t have to have a bona fide sick leave plan, they may make such deductions due to absences related to sickness or disability only if they have one. Employers must communicate the plan to eligible employees and follow the plan.
To be bona fide, employers must administer the plan impartially, and its design shouldn’t reflect an effort to evade the salary-basis requirement.
Whether a particular plan is bona fide would be based upon the actual design of and practices applicable under the plan. A PTO plan might qualify as bona fide even though it’s not exclusively for use during sickness or disability.
Assuming that a bona fide plan exists, employers may make deductions from an employee’s salary for absences of 1 or more full days because of sickness or disability before the employee has qualified under the plan and after the employee has exhausted their PTO/sick leave.
Key to remember: Employers may deduct from exempt employees’ PTO bank for partial-day absences.
Keep reading...Show less
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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.