Morgan Lewis partner Jonathan Zimmerman spoke with Law360 for an article about the impact the COVID-19 pandemic has had on employee benefits. In the article, he discussed the approaches employers are taking in regard to unused paid vacation time including 401 (k) contributions. "If the contribution is mandatory — if the employer says, 'We're going to take X dollars from people's PTO and contribute it to the 401(k) — then it's treated as a company contribution rather than an employee contribution," Jon said. "If it's an optional contribution, then any PTO contributed to the 401(k) will be treated in the same way as any other employee deferral, for compliance and testing purposes."