News & Analysis as of

Vacation Leave

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

Employment Matters Newsletter, Fall 2015

by JAMS on

With Experimental Benefits Come Additional Legal Considerations - Corporate experimentation, combined with innovative employment practices designed to promote more flexible work environments, may be transformative. These...more

Colorado Department Of Labor "Clarifies" Vacation Pay Position

by Fisher Phillips on

In late September of this year, the Colorado Department of Labor (CDOL) announced that “use-it-or-lose-it” vacation policies would no longer be permitted pursuant to its enforcement policy. However, mere weeks later, the CDOL...more

Colorado Vacation Pay Update

by Sherman & Howard L.L.C. on

Earlier this month, we alerted you that the Colorado Department of Labor was considering an enforcement position with respect to “use it or lose it” vacation policies. The CDOL recently issued a FAQ document about Colorado’s...more

Colorado Division of Labor Issues New Guidance on "Use-It-Or-Lose-It" Vacation Policies, But Questions Remain

by Littler on

The Colorado Department of Labor and Employment's Division of Labor has promulgated new guidance on "use-it-or-lose-it" vacation policies. While the Colorado Division of Labor has taken no enforcement position on...more

Litigating California Wage & Hour and Labor Code Class Actions

by Seyfarth Shaw LLP on

We are excited to announce the 15th edition of Seyfarth Shaw’s publication Litigating California Wage & Hour and Labor Code Class Actions. As in previous editions, the publication discusses and analyzes the most commonly...more

Is An Unlimited Vacation Policy Right For Your Workplace?

by Fisher Phillips on

According to a survey by the Society for Human Resource Management, about 3% of companies in the U.S. maintain some form of unlimited vacation policy. The reasons for adopting such a policy are easy to see: they offer...more

Massachusetts Attorney General Issues Required Notice of Employee Rights and Clarifies the "Safe Harbor" Exemption

by Littler on

On June 10, 2015, the Massachusetts Attorney General issued a Notice of Employee Rights (the "Notice") under the Commonwealth's new earned sick leave law, as well as a document clarifying the scope of the "safe harbor"...more

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