News & Analysis as of

Paid Time Off (PTO) Appeals

ArentFox Schiff

Five Key Legislative Updates Affecting California Employers in 2024

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California Governor Gavin Newsom signed a flurry of new bills at the end of the legislative session, including numerous bills that will impact employers across various industries across the state. Some of the key changes...more

Rumberger | Kirk

How to Avoid FLSA Violations When Requiring Workers to Use PTO

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A federal appeals court recently held that employers don’t run afoul of the Fair Labor Standards Act if they involuntarily reduce workers’ PTO balances. The case addressed deductions for drops in productivity, but it may...more

Littler

Littler Lightbulb – March Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month....more

Foley & Lardner LLP

The Third Circuit Concludes that “Salary” Does Not Include PTO

Foley & Lardner LLP on

On March 15, 2023, the U.S. Court of Appeals for the Third Circuit (covering Delaware, New Jersey, and Pennsylvania) held that paid time off is not part of an employee’s salary for purposes of the Fair Labor Standards Act...more

Stikeman Elliott LLP

Do the Paid Flexible Leave Days You Offer your Employees Satisfy your Obligations under the Labour Standards Act: The Quebec Court...

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As you know, since January 1, 2019, the Labour Standards Act (the "LSA") provides that employees who are credited with at least three (3) months of uninterrupted service are allowed a maximum of two (2) days of paid leave per...more

Holland & Hart LLP

Pay Up: Colorado Supreme Court Clarifies Vacation Payout Obligations

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Colorado law has long been unsettled as to whether employers must pay out accrued but unused vacation time at separation of employment where the employer’s vacation policy recites that vacation time need not be paid out at...more

Fisher Phillips

Dangers Of Poorly Defined Vacation (PTO) And Application Of California Law To Non-Residents Addressed By Appellate Court

Fisher Phillips on

California law does not require employers to provide their employees with paid vacation. However, if an employer has a policy providing its employees with paid vacation, the administration of the benefits is strictly...more

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

California Court of Appeal Weighs In on Unlimited Vacation Policies

Recently, some employers in California have turned to flexible work arrangements and unlimited paid vacation policies as a tool for recruiting and retaining employees. Before April 2020, however, no California court had...more

Genova Burns LLC

Recent Appellate Division Decision Reminds Employers of the Rewards of Diligence

Genova Burns LLC on

The New Jersey Appellate Division’s recent decision in Aryee v. Newark Beth Israel Medical Center on February 20, 2019 demonstrates that even in an increasingly pro-employee environment, employers can prevail in...more

Seyfarth Shaw LLP

If Pain, Yes Gain—Part 51: Texas Continues To Be Hotbed For Paid Sick Leave Activity

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Seyfarth Synopsis: Last week ended with a flurry of paid sick leave developments in multiple Texas municipalities. On Thursday, August 16, the San Antonio City Council passed a paid sick leave ordinance, making it just the...more

Littler

Texas Two-Step: San Antonio Joins Austin in Mandating Paid Sick and Safe Leave; Then Court Enjoins Austin Law from Taking Effect...

Littler on

On August 16, 2018, the San Antonio City Council adopted a paid sick and safe leave ordinance which, aside from minor linguistic differences, is identical to the ordinance passed earlier this year in Austin. ...more

Hinshaw & Culbertson LLP

Massachusetts Employees Need Not Wait 90 Days to File Wage Act Claim Says 1st Circuit

In Lawless v. Steward Health Care System, LLC, the First Circuit Court of Appeals recently considered a novel question: whether an employee suing for violation of, M.G.L. c. 149, §§ 148, 150 (the “Wage Act”), could recover...more

Seyfarth Shaw LLP

If Pain, Yes Gain—Part XXXVI: Minnesota Court of Appeals Clarifies Minneapolis Paid Sick Leave Ordinance

Seyfarth Shaw LLP on

Seyfarth Synopsis: Last week, the Minnesota Court of Appeals upheld the Minneapolis Sick and Safe Time Ordinance, but ruled that it cannot be enforced against nonresident employers. Barring reversal on appeal to the...more

McDermott Will & Emery

“Crazy Horse” Is Still Going Crazy in Las Vegas

The US Court of Appeals for the Ninth Circuit upheld the district court’s decision that the plaintiff was the assignee of a valid trademark co-existence agreement entered into with the former owner of the registered mark...more

McDermott Will & Emery

Use of Rule 45 Subpoenas in TTAB Proceedings

The US Court of Appeals for the 10th Circuit clarified the proper discovery procedures for a Rule 45 subpoena to compel a nonparty to produce documents in a trademark dispute before the US Patent and Trademark Office (PTO)...more

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