News & Analysis as of

Accrued Benefits Paid Time Off (PTO)

Jackson Lewis P.C.

St. Paul Issues New Guidance For Employers Complying with the City’s Earned Sick and Safe Time Ordinance

Jackson Lewis P.C. on

Continuing the wave of new rules and regulations related to paid leave in Minnesota, on January 8, 2024, the St. Paul Department of Human Rights and Equal Economic Opportunity (HREEO) issued guidance on its interpretation of...more

Gould + Ratner LLP

Cook County’s New Paid Sick Leave Ordinance to Replace Earned Sick Leave

Gould + Ratner LLP on

Effective December 31, 2023, Cook County’s new Paid Leave Ordinance (the Ordinance) will require employers to provide 40 hours of paid leave (i.e., leave that can be used for any reason) during a 12-month period. The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

MNDOLI Issues Guidance on Minnesota Statewide Paid Earned Sick and Safe Time Law

Looking ahead to January 1, 2024, when Minnesota’s statewide paid Earned Sick and Safe Time (ESST) law takes effect, the Minnesota Department of Labor and Industry (MNDOLI) issued guidance in the form of answers to frequently...more

Jackson Lewis P.C.

Amended Massachusetts Paid Family and Medical Leave Allows ‘Topping Off’ Benefits With Accrued Sick, Vacation Pay

Jackson Lewis P.C. on

In the enacted state budget, the Massachusetts legislature has amended the Massachusetts Paid Family and Medical Leave Act (PFMLA) to provide employers and employees more flexibility to use other accrued benefits to...more

Constangy, Brooks, Smith & Prophete, LLP

Massachusetts makes changes to Paid Family and Medical Leave Act

Changes have been made to the Massachusetts Paid Family and Medical Leave Act, one of which will take effect on November 1. The PFMLA, which took effect on January 1, 2021, generally provides parents and caregivers the...more

Littler

Critical Updates to the Massachusetts Paid Family and Medical Leave Law

Littler on

Recent amendments to the Massachusetts Paid Family and Medical Leave law (PFML) now allow employees to supplement their weekly PFML benefit amount with accrued paid leave (vacation, sick time, PTO, etc.). PFML contribution...more

Seyfarth Shaw LLP

Important Change to Massachusetts PFML Law: Employees May Supplement (Top Off) PFML Benefits with Vacation, PTO, and Sick Time

Seyfarth Shaw LLP on

Effective November 1, 2023, the Massachusetts Paid Family and Medical Leave (PFML) law will allow employees to supplement (i.e. “top off”) benefits received from the Commonwealth of Massachusetts with any available accrued...more

Littler

French Civil High Court Grants New Paid Leave Entitlement

Littler on

The French Civil High Court recently issued five noteworthy decisions on employees’ entitlement to accrue paid leave. The French Labor Code requires that employees perform work to accrue paid leave....more

Fox Rothschild LLP

NYC Amends the Earned Safe and Sick Time Act's Rules

Fox Rothschild LLP on

Employers have until Oct. 15, 2023 to ensure that their safe and sick leave policies remain compliant with New York City law after the New York City Department of Consumer and Worker Protection (DCWP) on Sept. 15, 2023 issued...more

Fox Rothschild LLP

Smart Employees Use Their Vacation Time: Third Circuit Holds PTO Is Not Part Of Exempt Employees’ Salaries Under the FLSA

Fox Rothschild LLP on

In a boon for employers with exempt employees, the Third Circuit held earlier this year as an issue of first impression that paid time off (PTO) is not part of an exempt employee’s salary under the federal Fair Labor...more

Jackson Lewis P.C.

Paid Leave Oregon Benefits Available Starting September 3, 2023

Jackson Lewis P.C. on

More than four years since the passage of Oregon’s Paid Family Medical Leave Act into law, paid leave benefits will finally be available to Oregon employees starting September 3, 2023. Applications for benefits, toolkits and...more

Fox Rothschild LLP

Improper Deductions From Salary Can Jeopardize Exempt Status But Not If Taken From PTO Time: Great Decision!

Fox Rothschild LLP on

The FLSA is very strict concerning proper deductions from exempt employee salaries. Improper deductions can undermine the exemption for the individual employee and possibly the entire class of exempt employees....more

Littler

Third Circuit Finds Deductions from Accrued PTO Do Not Violate Salary Basis Requirement for Exempt Employees

Littler on

The Third Circuit recently highlighted the flexibility afforded to employers when providing fringe benefits to salaried exempt employees. In Higgins v. Bayada Home Health Care Inc., No. 21-3286, 2023 WL 2518345 (3d Cir. Mar....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

Ogletree, Deakins, Nash, Smoak & Stewart,...

No Vacation From Vacation Pay in Vacationland: Beware, Maine Employers!

In spite of significant opposition from Maine’s business community, including the Maine State Chamber of Commerce and leaders in the tourism, hospitality, and small business communities, Governor Janet Mills signed into law...more

Sherman & Howard L.L.C.

No Good Deed Goes Unpunished? CDLE’s Vacation Policy Guidance Unclear, Subjective

How does the Colorado Department of Labor and Employment (“CDLE”) view unlimited PTO/vacation (used interchangeably) policies? Permissible, but proceed with caution in administration and upon termination of employment—many...more

Fox Rothschild LLP

New York Finalized Its Paid Sick Leave Rules – Is Your Policy in Compliance?

Fox Rothschild LLP on

The New York State Department of Labor has issued final regulations for the New York Paid Sick and Safe Leave Law (NYSSL), which has been in effect since September 30, 2020. The final regulations contain no changes to the...more

Fox Rothschild LLP

Colorado Issues New Rules Governing Employee Compensation for 2022

Fox Rothschild LLP on

The Colorado Department of Labor and Employment (CDLE) has adopted new rules, effective Jan. 1, 2022, pertaining to overtime and minimum pay, adjusted labor compensation and wage protection. These changes, adopted Nov....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Colorado’s November 2021 Rulemaking: ‘Use It or Lose It’ PTO Is Finally Dead, and Other Highlights

On November 10, 2021, after a public hearing and comment submission period, the Colorado Department of Labor and Employment (CDLE) published three final rules: (1) the Colorado Overtime and Minimum Pay Standards Order #38...more

Akerman LLP - HR Defense

Colorado Employers May Need to Pay Out Accrued Vacation on Termination

Colorado employers should carefully review their vacation and paid time off policies following a recent decision from the Colorado Supreme Court. On June 14, 2021, the Colorado Supreme Court held in Nieto v. Clark’s Market...more

BCLP

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

BCLP on

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

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

Ballard Spahr LLP

Paid Sick Leave is Coming to Pittsburgh

Ballard Spahr LLP on

On July 17, 2019, the Pennsylvania Supreme Court held that the City of Pittsburgh’s Paid Sick Days Act (PSDA)—a 2015 ordinance that required businesses to provide paid sick leave to workers in the City—is valid....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Frequently Asked Questions About the New Jersey Paid Sick Leave Law, Part I

The New Jersey Paid Sick Leave Law (PSLL) goes into effect on October 29, 2018. We have received hundreds of questions in the last few weeks from employers seeking guidance on what they must do to comply with the law in...more

Littler

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

Littler on

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

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