Summary
Summary: Colorado law mandates payout of accrued PTO upon separation, regardless of the employers location. Florida and New York do not require PTO payout unless company policy or contract specifies. States like California, Illinois, Massachusetts, Montana, Nebraska, North Dakota, and Rhode Island require PTO payout upon termination. In Florida, it is not illegal to pay out PTO to some employees and not others unless it involves unfair treatment or discrimination. Consult a labor attorney for specific advice.Full Conversation
the agency is located in Florida. The agreement on PTO was signed only in acknowledgement of the employee handbook
Based on your situation:
- Florida law doesn't require payout of accrued PTO unless company policy or employee contract dictates.
- You signed an agreement acknowledging the employee handbook, so the company's policy on PTO payout applies.
- If the company denies payment against their policy, you may have a legal claim.
Colorado is a mandatory payout state for PTO. I preformed my work in Colorado, can I still get my earned PTO
Based on your situation:
- Colorado law requires employers to pay out all accrued and unused PTO upon separation.
- If you performed your work in Colorado, this rule should apply despite the agency being in Florida.
- Consult with a labor attorney for clarity.
Does NY require PTYO payout
New York law doesn't require employers to pay out accrued PTO unless there's a company policy or contract that obliges them to do so. Always consult your employee handbook or contract for specific details.
What states require PTO payout
The states that require PTO payout upon termination are:
- California
- Illinois
- Massachusetts
- Montana
- Nebraska
- North Dakota
- Rhode Island
Please consult with a labor attorney for specific circumstances and information.
is it legal for a company to payout certain employees in same role on their PTO but not others their PTO
In Florida, unless specified in the company's policy or in an employee contract, it is not illegal for a company to payout PTO to some employees and not others. However, unfair treatment or discrimination could potentially be legally questionable.
Is florida the only state where this applies
No, Florida is not the only state. Many states, including New York and Georgia, do not require employers to pay out unused PTO unless dictated by company policy or employee contract. Discrimination laws apply across all states. Always consult a labor attorney for specific details.