News & Analysis as of

Employer Liability Issues Accrued Benefits

CDF Labor Law LLP

Navigating Employee Vacation Pay and Accrual in California: A Guide for Employers

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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

Littler

Critical Updates to the Massachusetts Paid Family and Medical Leave Law

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Recent amendments to the Massachusetts Paid Family and Medical Leave law (PFML) now allow employees to supplement their weekly PFML benefit amount with accrued paid leave (vacation, sick time, PTO, etc.). PFML contribution...more

Littler

Third Circuit Finds Deductions from Accrued PTO Do Not Violate Salary Basis Requirement for Exempt Employees

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The Third Circuit recently highlighted the flexibility afforded to employers when providing fringe benefits to salaried exempt employees. In Higgins v. Bayada Home Health Care Inc., No. 21-3286, 2023 WL 2518345 (3d Cir. Mar....more

Littler

Amended Maine Law Will Require Vacation Payout When Employment Ends

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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

Akerman LLP - HR Defense

Colorado Employers May Need to Pay Out Accrued Vacation on Termination

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

BCLP

In Colorado, Employers May Giveth - But They May Not Taketh Away

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Last month, the Colorado Supreme Court finally resolved a longstanding issue in Colorado employment law: whether employers may have a policy or agreement that provides for forfeiture of accrued but unused vacation. The...more

Littler

Colorado Supreme Court Finds Policies Requiring Forfeiture of Earned Vacation Unlawful

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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

Husch Blackwell LLP

Top-10 Things You're Probably Getting Wrong With Your California Employees

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The regulatory framework that applies to California is complex and ever-changing. Even the most diligent employers can find themselves unintentionally out of compliance in ways both big and small. And California provides many...more

Epstein Becker & Green

Don’t Be Spooked: D.C. COVID-19 Leave Law Is in Effect and Will Be Enforced

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As COVID-19 cases once again surge across the country, Washington, D.C. employers must remember to provide both paid and unpaid leave under the new District of Columbia Coronavirus Support Temporary Amendment Act of 2020...more

Lowenstein Sandler LLP

New York Mandates Statewide Sick Leave

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New York State is joining the ranks of a growing number of states that mandate employers to provide sick leave to their employees. At a minimum, New York employers will soon have to provide paid or unpaid sick leave as...more

Proskauer - Law and the Workplace

D.C. Requires Employers To Provide Paid and Unpaid COVID-19 Leave

Quick Hit:  Employees in the District of Columbia are currently eligible for paid and unpaid COVID-19 related leave under measures that temporarily expand the D.C. Family and Medical Leave Act (“DCFMLA”) and D.C. Accrued Sick...more

Epstein Becker & Green

California Court of Appeal Clarifies Circumstances Where So-Called “Unlimited” Vacation Policies May Trigger a Right to Wages

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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

Ballard Spahr LLP

Paid Sick Leave is Coming to Pittsburgh

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On July 17, 2019, the Pennsylvania Supreme Court held that the City of Pittsburgh’s Paid Sick Days Act (PSDA)—a 2015 ordinance that required businesses to provide paid sick leave to workers in the City—is valid....more

Ballard Spahr LLP

Colorado Employers Can't Take Away Accrued Vacation Pay

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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

Stokes Wagner

Nevada Employers Prepare for New Paid Leave Law (SB 312)

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Nevada’s SB 312, signed into law in June of this year, is set to take effect January 1, 2020. For the first time in the State’s history, this bill will legislatively mandate private employers to provide employees with up to...more

Ballard Spahr LLP

Colorado Decision Clarifies Unused Vacation Time Issue for Employers

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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

Littler

Colorado Court of Appeals Finds Vacation Forfeiture Policy Lawful

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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

Seyfarth Shaw LLP

Massachusetts Highest Court Refuses to Award a Triple Windfall

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Seyfarth Synopsis: A recent decision by the Massachusetts Supreme Judicial Court limits the scope of the Wage Act to exclude sick time payments and potentially other types of contingent compensation. ...more

Holland & Knight LLP

Maryland's Paid Sick Leave Mandate Set to Take Effect This Month

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• The Maryland Healthy Working Families Act is scheduled to go into effect on Feb. 11, 2018, making Maryland the ninth state to mandate paid sick leave for private employers. • The Act requires that Maryland employers with...more

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

Massachusetts Supreme Judicial Court Rules That Unused Paid Sick Leave Does Not Qualify as Wages Under the Commonwealth’s Wage Act

In Mui v. Massachusetts Port Authority, issued on January 29, 2018, Massachusetts’s highest court decided an issue of first impression in the Commonwealth: whether accrued but unused paid sick time counts as “wages” for...more

Littler

Massachusetts High Court Rules That Sick Pay Does Not Constitute Wages Under State Law

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On January 29, 2018, the Massachusetts Supreme Judicial Court held that sick pay does not constitute wages under the Massachusetts Payment of Wages Law, M.G.L. c. 149, § 148. As a result, employers are not liable under the...more

Mintz - Employment Viewpoints

Vacation Float: Managing (and Recouping) Unearned Vacation Time

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

Seyfarth Shaw LLP

Wage Statements Need Not Reflect Value of Accrued Vacation

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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

Maynard Nexsen

Employment Law Update: Wages and Water: What Do We Do?

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With the recent rain storms that have blanketed the Carolinas and the resulting road damage and closures, this a good time for employers to review their inclement weather policies and to make sure they properly compensate all...more

Pullman & Comley - Labor, Employment and...

Payment of Accrued But Unused Vacation Pay

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

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