My employer recently discovered that they have not been deducting my health insurance from my paychecks over the past year and a half. Before they came across this error I had cut down to part-time. When an employee cuts down to part time my employer pays them out any accrued Paid Time Off. Since my employer discovered this mistake they are not paying me my PTO. Is this legal, since this was their mistake and not mine?
Thanks!

My employer recently discovered that they have not been deducting my health insurance from my paychecks over the past year and a half. Before they came across this error I had cut down to part-time. When an employee cuts down to part time my employer pays them out any accrued Paid Time Off. Since my employer discovered this mistake they are not paying me my PTO. Is this legal, since this was their mistake and not mine?

*PLEASE NOTE THAT THIS IS NOT LEGAL ADVICE*

In Nebraska, a sick leave benefit is defined as part of the wages that an employee receives. See: http://www.dol.state.ne.us/legallaws/Wage%20Payment%20&%20Collection%20Act.pdf (specifically 48-1229(4))

You might want to consider contacting the Nebraska Department of Labor to talk to an investigator about this issue.

Mr. Pink

However, there is nothing in the law I can see that would prevent them from paying it out and deducting the insurance in arrears from it, even if it brought the net pay to zero, since you did authorize the deductions. Also, there is no LAW requiring PTO to be paid out upon a change in full-time status.

Did you bring this up when it first occurred? I'm not saying the employer has NO responsibility here, because this is terrible audit procedures, but you had some responsibility as well.

I'm not quite sure where so many people get the idea that as long as it's the employer's mistake, it's illegal to fix it....?

Legislation by wishful thinking?