Vacation Pay

News & Analysis as of

Court Endorses PTO Use for Exempt Employee Partial-Day Absences

Employers often confuse the strict rules limiting the docking of exempt employees’ salary with different rules relating to partial-day deductions under vacation or “paid time off” (PTO) policies. A California appellate court...more

California Law Does Not Prohibit Employers From Deducting From Exempt Employees' Vacation Leave Credits Even For Absences Of Less...

On July 21, 2014, the California Court of Appeal's Fourth Appellate District, Division One, affirmed the trial court's decision in Rhea v. General Atomics (July 21, 2014, D064517 ) ---- Cal.App.4th ---). In reaching its...more

Quirky Question #234, Selling Accrued Vacation

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

Hearing date set for important holiday pay calculation cases

Kate Hodgkiss, Partner in our Edinburgh office, comments: The EAT has now listed the cases of Bear Scotland Ltd v Fulton and Neal v Freightliner Ltd to be heard on 30 and 31 July 2014. The EAT’s findings will determine...more

Employment Law Bulletin: Auditing your practices to avoid wage-and-hour claims in Florida

"Florida is a hotbed of wage-and-hour litigation,” is repeatedly quoted in one report after another over the past year, and this trend is expected to continue throughout 2014. Here is a quick roadmap of compliance questions...more

The HR Grinch: The Pitfalls Of Businesses That Open For The Holidays

There was a lot of buzz in the weeks leading up to Thanksgiving—buzz which will continue through the Christmas holiday—about retailers and other businesses that not only opened on “Black Friday,” but also on Thanksgiving Day...more

Payments Upon Termination Of Employment: Is Anyone Still Confused?

Most California employers know that an employee who is fired must be paid all of his or her wages, including accrued but unused vacation, immediately at the time of termination. Labor Code sections 201 and 227.3. However, I...more

CA Supreme Court Holds That Employees Are Bound By Arbitration Agreements Waiving Right To A Labor Comm’r Hearing

Frank Moreno agreed, as a condition of his employment with Sonic-Calabasas A, Inc., to arbitrate all of this employment disputes with his employer. After terminating his employment with Sonic, Moreno filed an administrative...more

Employment Law -- Oct 15, 2013

“Use It or Lose It” Policy Results in Multimillion-Dollar Verdict - Why it matters: Although this decision is unpublished, it provides a lesson on the potentially expensive ramifications of maintaining an illegal...more

Update on Holiday Pay and Sickness: “Right to Carry Forward” Limited to Four Weeks Per Year

The Employment Appeal Tribunal (EAT) has handed down an important decision for UK employers, limiting the right of workers to carry forward holiday entitlement accrued during a period of long-term sickness absence. ...more

Recent Decisions Illustrate Strict Interpretation of Massachusetts Wage Act

Two recent decisions from Massachusetts courts again highlight the strict requirements of the Massachusetts Wage Act, which details how and when employees must be paid. The cases address the treatment of sales commissions and...more

HR Professionals: The Key To Smooth Corporate Acquisitions

Although human resources professionals are not always recognized for their efforts during a corporate acquisition, the work which they do behind the scenes can often make the difference between an acquisition succeeding or...more

'Tis The Season To Review Company Vacation Policies - Is Your Company's Vacation Policy In Tip-Top Shape?

Being that we are in the midst of the holiday season, it seems quite appropriate to address employer vacation leave and pay policies. It may be a surprise that The Fair Labor Standards Act (FLSA) does not require payment for...more

Doing Business in Canada: Employment & Labour

The relationship between an employer and an employee in Canada is heavily regulated. All jurisdictions in Canada – both federal and provincial - have enacted legislation (statutes and regulations) governing various aspects of...more

The Top 20 Mistakes Employers Make When Terminating Employees

As a continuation of the 20th anniversary of our Employment Law Reporter, here is our list of the top twenty mistakes that employers currently make when firing employees. Enjoy! Terminating When In The Heat Of Passion....more

How is Travel Time Treated Under the Employment Standards Act, 2000?

This is an important question, as it impacts such issues as whether travel time is paid, whether those hours factor into hours of work restrictions, overtime calculations and determining vacation pay. Surprisingly, the answer...more

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