Smith v. Mark Chrisman Trucking

Nebraska Advance Sheets 826 285 NEBRASKA REPORTS not within the exception. A herd of elephants cannot be fairly characterized as a herd of zebras simply because one zebra is traveling with the elephants. By treating multi-purpose PTO as defined in the PayFlex policy as the equivalent of vacation leave simply because vacation is one of the purposes for which it can be used, the majority’s reasoning permits the exception to swallow the rule. Because I would hold that PayFlex’s PTO is not vaca- tion leave within the meaning of § 48-1229(4), I would find that the employees were not entitled to…