Is an Honor Vacation Policy Right for My Company?
As reported in last month’s CDF Wage & Hour Task Force blog post, a recent Ninth Circuit panel in Harstein v. Hyatt Corporation, held that employees who were “laid off” at the beginning of the COVID-19 pandemic, March 2020,...more
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
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
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
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
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
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
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
In December 2019, the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, issued a final rule clarifying the statutory prohibition on “use it or lose it” vacation time payouts. This rule,...more
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
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
In an unpublished opinion, the Colorado Court of Appeals recently held that a departing employee's right to vacation pay at separation is dependent on the company's policies. Nieto v. Clark’s Market, Inc., 2019 COA 98....more
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
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
Summertime is vacation time. And vacation time means headaches for employers who engage in vacation float. Vacation “float” is the practice of advancing vacation to employees before they actually accrue it under an employer’s...more
The Connecticut rules for payment of accrued but unused vacation pay when employment terminates are fairly simple, but a brief refresher may be helpful to employers. Connecticut General Statutes § 31-71f requires...more
In a ruling focused on statutory interpretation, a full federal court bench recently confirmed that employers must pay out employees’ accrued but untaken annual leave upon termination at the rate the employees would have...more
Question: Our company allows employees to sell up to 40 hours of their accrued PTO (accrued vacation) each year. If an employee elects to sell the accrued PTO, we pay it out in a lump sum at the end of the year. Does...more