News & Analysis as of

Vacation Leave

California Court of Appeal Upholds Clearly Defined Waiting Period Before Vacation Begins to Accrue

Building on earlier vacation policy decisions, a California Court of Appeal recently held in Minnick v. Automotive Creations, Inc. that employers may impose a clearly expressed waiting period before an employee can begin to...more

Implement a Waiting Period for Paid Vacation in California? Yes You Can.

by Hinshaw & Culbertson LLP on

California employers know they must compensate any employee unused and vested vacation pay upon separation from employment. Once vacation is vested, the right to vacation pay cannot be forfeited. But what happens when...more

California Court Confirms that Vacation Accrual Can Be Restricted for New Employees

Employers seeking to limit the vacation accrual of new employees just received some welcome news. The California Court of Appeal reaffirmed that California law does not prohibit employers from imposing a waiting period...more

Hey, Where’d Everybody Go? Employers Beware—Solar Eclipse Mania Sweeps the Nation

by Littler on

You look around the office in August, and suddenly, without warning, everyone is gone. Or perhaps human resources and managers are starting to realize that an unusual number of employees have just asked for the same time off....more

Proposed Changes to Ontario Employment and Labour Laws

by Dickinson Wright on

On May 23, 2017, the Government of Ontario’s Special Advisors released their Final Report from the Changing Workplaces Review (the Final Report) which outlines 173 recommendations to amend the Employment Standards Act...more

Doing Away With Your Vacation Policies

by SmithAmundsen LLC on

Summer is unofficially here. Kids are out of school. Many employees are checking their vacation balances to see how much time they can take off work. For HR, vacation balances can be incredibly time-consuming. You have...more

Picking a Fight: How California Makes Employment Law Peculiar

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Our mission here at Cal-Pecs is to illuminate how California employment law differs from the law that employers generally experience throughout America. In this back-to-basics piece, we provide some...more

Untangling Service Contract Act Vacation and Sick Leave Requirements - Set-Aside Alert

by PilieroMazza PLLC on

Complying with Service Contract Act (“SCA”) leave requirements is challenging, even more so if service employees live in a state or country with local sick leave laws or if the contract is subject to Executive Order 13706,...more

Changing Workplaces Review to be Released May 22: Media Reports

by Dentons on

The countdown is on. Over the weekend the Toronto Star and the CBC each published stories detailing what Ontarians can expect to see in the long awaited final report from the Changing Workplaces Review when it is...more

Discover (or rediscover) U.S. employment law: Your questions, our answers

by Dechert LLP on

Companies doing business in the U.S. invariably encounter a legal system and employee relations laws that differ in many significant respects from those in other countries. The sources of U.S. law come from the U.S. federal...more

Recent Appellate Court Decision Provides Guidance For Investigating Intermittent FMLA Abuse

by SmithAmundsen LLC on

Intermittent FMLA leave can be a source of frustration for employers even when it is used appropriately because it complicates staffing and planning and interrupts business operations. But when an employee’s use of...more

Wage Statements Need Not Reflect Value of Accrued Vacation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Accrued vacation pay is not a category that must appear on employee wage statements. California Labor Code section 226 requires employers to report various categories of information on employee wage...more

Take a work-free vacation without compromising quality

by Dentons on

As we enter the legal profession's unofficial vacation month—August—lawyers are reminded of the positive impact of time spent away from the office. Studies regularly confirm that vacations are important both for attorneys...more

ERISA — 7th Circuit: Under De Novo Review, the Court “Should NOT Resolve[] Doubts or Gaps in the Evidence in [the Claimant’s]...

You know that claimants have the burden to establish eligibility for ERISA-governed disability benefits. Sometimes gaps in coverage can occur when, for example, a claimant alleges disability while using accrued vacation....more

The Proposed Code Section 457 Regulations Have Arrived

by Bracewell LLP on

On June 22, 2016, the IRS finally issued the long-awaited proposed regulations under Internal Revenue Code (“Code”) Section 457. Code Section 457 applies to deferred compensation plans or arrangements of tax-exempt entities...more

Emerging Trends Newsletter - Q2

by Stinson Leonard Street on

We are thrilled to bring you the 2nd installment of Stinson Leonard Street's Emerging Trends newsletter. Recent Delaware Supreme Court Opinion Limits General Personal Jurisdiction for Foreign Corporation - Recent...more

Employee Benefits Advisory: New Proposed 457 Regulations May Impact Deferred Compensation Arrangements Maintained by Tax-Exempt...

by Sherman & Howard L.L.C. on

On June 21, 2016, concurrent with its issuance of proposed regulations under Code section 409A, the IRS also issued proposed regulations under Code section 457, which address deferred compensation arrangements covering...more

It’s All Good in China, Until It Isn’t: Tips and Flags for PRC Employers

Due to factors such as China’s rapid economic development, a disconnect between legislation and enforcement, the country’s historic reliance on personal connections (or guanxi) to do business, and idiosyncratic local...more

Maine WC Board Appellate Division Addresses Several Cases Dealing with the Application of the “Retirement Presumption”

by PretiFlaherty on

Under the “retirement presumption” (Section 223 of the Act), an employee who terminates active employment and is receiving nondisability pension or retirement benefits is presumed not to have a loss of earnings as the result...more

Family Matters: New York State Minimum Wage Increase & Paid Family Leave

by Seyfarth Shaw LLP on

New York will increase its minimum wage to $15.00 an hour in gradual increases, beginning December 31, 2016. In keeping with the wave of new legislation in states and cities across the country, New York also passed the Paid...more

San Francisco Becomes the First City to Provide Fully Paid Parental Leave

by Reed Smith on

San Francisco has just given the employees of its resident companies quite the baby shower gift. On April 5, 2016, San Francisco passed its Paid Parental Leave law. The local ordinance will leverage off of the California Paid...more

New Legislation Makes San Francisco the First City to Mandate Fully Paid Parental Leave for Employees

On April 5, 2016, the San Francisco Board of Supervisors unanimously approved legislation that would require most San Francisco employees to receive six weeks of fully paid parental leave. The new ordinance requires nearly...more

Should Your Employees Get More Sun, Surf, and Sand? A Quick Look at Unlimited Vacation Policies

The news reports that more and more companies are moving to offer unlimited vacation time. On its face, this policy change appears to be a generous offer by employers to boost employee morale and attract top talent, but there...more

New Amendments Align Aspects of California’s Kin Care Leave Law with Recently Implemented Paid Sick Leave Requirements

Changes are coming to California’s Kin Care Leave law, effective Jan. 1, 2016, to align it more closely with California’s Paid Sick Leave law in two significant respects: the definition of “kin” and the purposes for which...more

CDLE’s Official Guidance on Use-It-Or-Lose-It Vacation Policies: Still Prohibited

The use of so-called “use-it-or-lose-it” vacation pay policies is receiving significant attention in Colorado, both from the Colorado Department of Labor and Employment (CDLE) and from employers trying to make sense of the...more

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