News & Analysis as of

Hiring & Firing › Vacation Pay

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
CDF Labor Law LLP

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

CDF Labor Law LLP on

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

CDF Labor Law LLP

Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately

CDF Labor Law LLP on

A recent Ninth Circuit panel held that Hyatt employees who were “laid off” in March 2020 were entitled to payment of their accrued vacation time immediately, even though the employees were not officially terminated until June...more

Polsinelli

Maine Legal Developments: Hairstyle Discrimination, Agreements Prohibiting Disclosure of Unlawful Discrimination, and Payment of...

Polsinelli on

On August 8, 2022, three pieces of newly enacted state legislation go into effect, directly impacting private employers operating within the state. First, along with a number of other states,1 Maine has enacted Creating a...more

Littler

On your mark! Get set! Vacation! FAQs on German Vacation Law (Part 3)

Littler on

In the midst of the vacation season, many employers in Germany are prompted to address old and new questions surrounding the issue of vacation. This Insight series "On your mark! Get set! Vacation!" is designed to help...more

Littler

On your mark! Get set! Vacation! FAQs on German Vacation Law (Part 1)

Littler on

In the midst of the vacation season, many employers in Germany are prompted to address old and new questions surrounding the issue of vacation. This Insight series: "On your mark! Get set! Vacation!" is designed to help...more

Husch Blackwell LLP

Massachusetts Court Awards Trebling of Late Wage Payments as Damages under Wage Act

Husch Blackwell LLP on

Many state wage-and-hour laws require that employers adhere to strict time requirements regarding payment of compensation owed upon termination, but the Massachusetts high court recently took that to another level....more

Littler

Amended Maine Law Will Require Vacation Payout When Employment Ends

Littler on

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

Conn Kavanaugh

Late Payment of Wages Means Triple Liability for Employers Even If Wages Are Paid Before Suit is Filed

Conn Kavanaugh on

On April 4, 2022, the Massachusetts Supreme Judicial Court (“SJC”) dispelled the notion that employers can avoid triple liability for late payment of wages under the Massachusetts Wage Act, M.G.L. c. 149, § 148 (“Wage Act”),...more

Tyson & Mendes LLP

“Use It or Lose It” No More – Colorado Supreme Court Weighs in on Employee’s Rights to Compensation for Accrued Vacation Pay

Tyson & Mendes LLP on

On June 14, 2021, the Colorado Supreme Court issued its highly anticipated decision in Nieto v. Clark’s Market, Inc., which provided clarification to Colorado employers and employees on the concept of “use it or lose it”...more

Sherman & Howard L.L.C.

Vacation Pay Must Be Paid Out Upon Termination in Colorado, Even If Employer’s Policy Says Otherwise

Sherman & Howard L.L.C. on

On June 14, 2021, the long-awaited decision was issued by the Colorado Supreme Court in Nieto v. Clark’s Market. The Colorado Supreme Court has now definitively ruled that under the Colorado Wage Claim Act employers must pay...more

Faegre Drinker Biddle & Reath LLP

Accrued but Unused Vacation Pay Must Be Paid Out Upon Termination of Employment in Colorado

Faegre Drinker Biddle & Reath LLP on

On June 14, 2021, the Colorado Supreme Court held that although the Colorado Wage Claim Act (CWCA) does not require employers to provide employees with vacation pay, if employers choose to provide vacation pay, all accrued...more

Husch Blackwell LLP

Colorado Supreme Court Bans "Use-It Or Lose-It" Vacation Policies

Husch Blackwell LLP on

On Monday, June 14, 2021, the Colorado Supreme Court issued a long-awaited decision prohibiting so-called “use-it or lose-it” vacation policies. In Nieto v. Clark's Market, 19SC553, the Supreme Court overturned both the trial...more

Fisher Phillips

Colorado Supreme Court Says Employers Can’t Maintain “Use-it-or-Lose-it” Vacation Pay Policies

Fisher Phillips on

The Colorado Supreme Court issued its long-awaited decision on vacation pay yesterday, ruling that an employer must pay an employee’s earned but unused vacation pay upon separation from employment – and any agreement or...more

Morgan Lewis

Puerto Rico House Seeks to Undo Sections of the 2017 Labor Reform

Morgan Lewis on

The Puerto Rico House of Representatives has introduced House Bill 3, which seeks to amend and repeal certain sections of the Labor Transformation and Flexibility Act of 2017, also known as the 2017 Puerto Rico Labor Reform....more

Vinson & Elkins LLP

What Is A Vacation In A Pandemic And Why Does It Matter?

Vinson & Elkins LLP on

When I first started advising employers in the early 1990s, a common problem was the terminated employee who demanded to be paid for a large amount of unused vacation time. In recent years, employers have gotten much smarter...more

Payne & Fears

[Webinar] Looking Forward to 2021: California Employment Law Updates - December 1st, 9:30 am - 10:30 am PST

Payne & Fears on

While 2020 has been an incomparable year of change, somethings remain the same. There is never a shortage of onerous new demands on California businesses. Join us for a lively discussion of what you need to know for 2021. We...more

Jackson Walker

Frequently Asked Questions: Labor & Employment for Nonprofit Organizations

Jackson Walker on

The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2020

Skadden, Arps, Slate, Meagher & Flom LLP on

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

Holland & Hart - Employers' Lawyers

CO Employers Can Forgo Paying Out Unused Vacation Upon Termination

Holland & Hart - Employers' Lawyers on

Unused vacation time can represent a substantial liability on the books for many employers. Therefore, the extent to which you can control the payout of unused vacation time upon an employee’s separation from employment is an...more

BCLP

Colorado Employees Lose it Over Use-It-Or-Lose-It Vacation Policies

BCLP on

Colorado employees are pushing back against the recent decision allowing use-it-or-lose vacation policies in Colorado. In Nieto v. Clark’s Market, Inc., 2019 COA 98 (Colo. App. June 27, 2019), a division of the Colorado...more

Blake, Cassels & Graydon LLP

Reminder for Federally Regulated Employers: Sweeping Changes to Canada Labour Code Coming September 1, 2019

Blake, Cassels & Graydon LLP on

Part III of the Canada Labour Code (Code) and its accompanying regulations, which provide labour standards for federally regulated employers, are scheduled to undergo significant changes pursuant to the coming into force of...more

Jackson Lewis P.C.

Colorado Employer’s Vacation Policy That Included Forfeiture Provision Upheld

Jackson Lewis P.C. on

An employer’s vacation policy did not violate the Colorado Wage Claim Act (CWCA), despite stating that employees forfeit earned vacation pay if they are discharged or quit without giving two weeks’ notice, the Colorado Court...more

Faegre Drinker Biddle & Reath LLP

Colorado Court Finds Agreements Between Employers and Employees Govern Payment of Accrued Vacation Upon Termination

Faegre Drinker Biddle & Reath LLP on

Colorado employers recently received important clarification regarding their obligation to pay out accrued vacation time upon an employee’s termination. In Nieto v. Clark’s Market, ___ P.3d ___ , 2019 WL 2621236 (Colo. App....more

Fisher Phillips

January 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Foley & Lardner LLP

Summer (and With It, Summer Vacations) Is Coming!

Foley & Lardner LLP on

As we head into the start of summer and employees begin to request more time off for vacation, this is a great time to review your vacation policies to ensure they are legally compliant and meet business needs....more

37 Results
 / 
View per page
Page: of 2
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide