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Accrued Benefits Employment Policies

Fisher Phillips

Massachusetts High Court Sides with Employers: Benefit Accrual Not Required During Paid Family and Medical Leave

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In a rare win for Massachusetts employers, the Supreme Judicial Court just ruled that employers generally have no obligation to allow employees to continue accruing benefits, such as seniority, vacation, and sick time, while...more

Parker Poe Adams & Bernstein LLP

Must Employers Pay Accrued Sick Leave to Departing Employees?

In recent years, several states have adopted new laws requiring paid sick leave for certain employees. While each state law differs, most of the new legislation specifically provides that employers do not have to pay...more

Littler

Amended Maine Law Will Require Vacation Payout When Employment Ends

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Maine’s governor recently signed H.P. 160 - L.D. 225, amending the state’s final wages statute to require that “[a]ll unused paid vacation accrued pursuant to the employer's vacation policy on and after January 1, 2023 must...more

BCLP

In Colorado, Employers May Giveth - But They May Not Taketh Away

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Last month, the Colorado Supreme Court finally resolved a longstanding issue in Colorado employment law: whether employers may have a policy or agreement that provides for forfeiture of accrued but unused vacation. The...more

Littler

Colorado Supreme Court Finds Policies Requiring Forfeiture of Earned Vacation Unlawful

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On June 14, 2021, the Colorado Supreme Court issued its long-awaited decision in Nieto v. Clark’s Market, holding that company policies that provide for the forfeiture of earned vacation pay are unenforceable under Colorado...more

Parker Poe Adams & Bernstein LLP

If Employees Take a Day Off Before PTO Has Accrued, Can Employers Deduct the Absence From Their Salary?

We had a recent question from a client about the intersection between a somewhat unusual paid-time-off policy and the treatment of salaried exempt employees under the Fair Labor Standards Act. Under the PTO plan, employees...more

Epstein Becker & Green

California Court of Appeal Clarifies Circumstances Where So-Called “Unlimited” Vacation Policies May Trigger a Right to Wages

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California generally requires that, when employees accrue vacation time during their employment, any accrued but unused vacation time must be paid out at the end of employment. ...more

Ballard Spahr LLP

Colorado Employers Can't Take Away Accrued Vacation Pay

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As previously reported, the Colorado Department of Labor and Employment (CDLE) has been considering major changes to the state’s Wage Protection Act (WPA). ...more

Holland & Hart - Employers' Lawyers

CO’s ‘Use-It-Or-Lose-It’ Vacation Laws in Flux After New Regulations

Recently, Colorado’s Department of Labor and Employment (CDLE) proposed certain amendments to the rules promulgated under Colorado’s Wage Protection Act (WPA) and the Colorado Wage Claim Act (CWCA) related to the payout of...more

Ballard Spahr LLP

Colorado Decision Clarifies Unused Vacation Time Issue for Employers

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A recent decision from the Colorado Court of Appeals clarifies that employers can limit the payment of accrued but unused vacation time at separation from employment and that forfeiture is not a violation of the Colorado Wage...more

Littler

Colorado Court of Appeals Finds Vacation Forfeiture Policy Lawful

Littler on

In a significant decision for employers, a Colorado appellate court recently upheld an employer’s policy requiring forfeiture of accrued, unused vacation at separation of employment, finding the policy did not violate the...more

Littler

Massachusetts High Court Rules That Sick Pay Does Not Constitute Wages Under State Law

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On January 29, 2018, the Massachusetts Supreme Judicial Court held that sick pay does not constitute wages under the Massachusetts Payment of Wages Law, M.G.L. c. 149, § 148. As a result, employers are not liable under the...more

Fenwick & West LLP

Fenwick Employment Brief - July 2015

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New Amendments Clarify California Paid Sick Leave - This month, the California Legislature enacted AB 304, an urgency measure that became effective on July 13 and provides much needed clarity on various aspects of...more

Fisher Phillips

California Enacts "Fix-It" Legislation to Cure Ills of Paid Sick Leave Law

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California’s paid sick leave law went into effect on July 1, 2015, but soon found itself in the emergency room with many unpleasant side effects. On July 13, Governor Brown signed AB 304 into law, which fixes many of the...more

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