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Employment Law/Accrued paid time off at end of employment


My brother works in NE for a company domiciled in Arkansas. He has been told that he would not receive his accrued PDO (paid days off) if he voluntarily left the company, but WOULD if he were terminated. NE law holds that personal time is considered compensation and should be paid at the end of employment (if not severed by the company). What is AR law re: personal time off, and which law would trump? Thank you in advance for your response.

Cynthia - The law that applies to your brother is the law of the state in which he works, not of the state in which the company is headquartered.  If Nebraska says he gets the time, he has to get the time.  Otherwise, he can file a wage claim with the NE Labor Department.

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Margaret M. deMarteleire


I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.


Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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