News & Analysis as of

Paid Time Off (PTO) Employment Litigation

Dentons

Insurance Issues: FMLA, Extended Leave, and Terminations

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As many employers discovered during the COVID pandemic, one of the most complex components of leave can be whether an employee’s health insurance is continued throughout the leave or, according to the health insurance...more

Poyner Spruill LLP

Eleventh Circuit Limits Scope of Parental Leave for Birth of Child Under FMLA

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The Family and Medical Leave Act provides leave and job protection to eligible employees who need to be absent from work “because of the birth of a son or daughter of the employee and in order to care for such son or...more

Littler

Arbitrator Considers Interaction Between Canada Labour Code Paid Medical Leave Days and Other Employer-Paid Benefits

Littler on

In United Steelworkers Local 14193 v. Cameco Fuel Manufacturing Inc., 2023 CanLII 115899 (ON LA), an arbitrator dismissed a union’s policy grievance on the grounds that, contrary to the union’s assertion, the employer could...more

Seyfarth Shaw LLP

Massachusetts PFML Update: DFML Releases 2024 Poster and Updated Employee Notices

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Seyfarth Synopsis: The Massachusetts Paid Family and Medical Leave (PFML) Act requires employers to post a notice and to annually notify employees of updates to contribution rates and weekly benefit amounts....more

Stikeman Elliott LLP

Do the Paid Flexible Leave Days You Offer Your Employees Satisfy Your Obligations under the Labour Standards Act: The Quebec Court...

Stikeman Elliott LLP on

Since January 1, 2019, the Act respecting labour standards (the “Act”) provides that employees with three (3) months or more of uninterrupted service are entitled to up to two (2) days of paid absence per year due to...more

Venable LLP

Third Circuit Rules that PTO Is Not Part of FLSA Salary

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On March 15, 2023, the U.S. Court of Appeals for the Third Circuit held that paid time off (PTO) is not part of an employee's salary for purposes of the Fair Labor Standards Act (FLSA)....more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from March 2023

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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...more

Littler

Littler Lightbulb – March Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month....more

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

Third Circuit Finds Deductions From Exempt Employees’ PTO Do Not Impact Exempt Status Under the FLSA

On March 15, 2023, in a case of first impression, the United States Court of Appeals for the Third Circuit held that paid time off (PTO) is not part of an employee’s salary. Therefore, the employer did not compromise...more

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

New Jersey Court Says Employee Discharged for Discipline Not Entitled to Payment for Accrued PTO

On February 22, 2022, the Superior Court of New Jersey Appellate Division ruled that a hospital employee discharged for disciplinary reasons was not entitled to payment of accrued paid time off (PTO) because the hospital had...more

Seyfarth Shaw LLP

If Pain, Yes Gain—Part 105: Current Michigan Paid Sick Leave Law (Not Original 2018 Act) To Remain in Effect

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Seyfarth Synopsis: Yesterday, the Michigan Court of Appeals reversed a July 2022 lower court decision that would have reinstated the 2018 Michigan Earned Sick Time Act on February 20, 2023. As a result, barring an appeal of...more

Bodman

Michigan Court of Appeals Dismisses February 20, 2023 Expansion of Paid Sick Leave and Increases to Minimum Wage

Bodman on

In a 3-0 decision (Mothering Justice v Attorney General) issued today, January 26, the Michigan Court of Appeals overturned a July 2022 Court of Claims ruling finding that the Michigan Legislature lacked the constitutional...more

Brownstein Hyatt Farber Schreck

Colorado FAMLI Paid Leave Update

COLORADO FAMILY, MEDICAL AND SAFE LEAVE LAW REQUIRES EMPLOYER ACTION BY BEFORE JAN. 1, 2023 - Brownstein has previously previewed the upcoming drastic change in Colorado paid leave law under the Family and Medical Leave...more

Polsinelli

2022 California Legal Update: CA COVID-19 Supplemental Paid Sick Leave, PAGA, Arbitration and CAL/OSHA ETS

Polsinelli on

In response to California’s 2021 COVID-19 Supplemental Paid Sick Leave (“SPSL”) law’s expiration on September 30, 2021, California Governor Gavin Newsom signed into law SB 114 on February 9, 2022, which creates California...more

Stikeman Elliott LLP

Do the Paid Flexible Leave Days You Offer your Employees Satisfy your Obligations under the Labour Standards Act: The Quebec Court...

Stikeman Elliott LLP on

As you know, since January 1, 2019, the Labour Standards Act (the "LSA") provides that employees who are credited with at least three (3) months of uninterrupted service are allowed a maximum of two (2) days of paid leave per...more

Miller Nash LLP

[Webinar] The Latest COVID-19 Guidance for Employers: Vaccine Mandates and Accommodations - February 2nd, 10:00 am - 12:00 pm PST

Miller Nash LLP on

Join the Miller Nash employment and labor attorneys for an interactive webinar designed to help employers understand the latest developments and tools for managing a workplace during the ever-evolving COVID-19 pandemic. We’ll...more

Polsinelli

Proposed Colorado Rule Clarifies that Paid Time Off Is Included within State’s Existing Prohibition of Use-It-Or-Lose-It Vacation...

Polsinelli on

The Colorado Department of Labor and Employment (“CDLE”) recently issued several proposed rules, including new language defining “vacation pay” for purposes of Colorado’s wage laws. Colorado law has long defined “wages” and...more

Epstein Becker & Green

Vaccine Mandate Requirement, First COVID-19 Remote Work Suit, Whistleblower Awards Top $1 Billion - Employment Law This Week®

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This week, we look at significant developments for employers from across the federal government, including at the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), and...more

Ballard Spahr LLP

Colorado Supreme Court Strikes Down “Use-it-or-Lose-it” Vacation Policies

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The Colorado Supreme Court issued its long-awaited decision in Nieto v. Clark’s Market, Inc., ruling that employers must pay employees for any earned but unused vacation upon termination of employment. This decision means...more

Brownstein Hyatt Farber Schreck

Colorado Supreme Court: Employers Must Pay Out Earned Vacation Upon Separation

Employers operating in Colorado gained clarity from the Colorado Supreme Court on a closely watched state wage and hour law issue—earned vacation pay must be paid out upon separation from employment, notwithstanding any...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

Dorsey & Whitney LLP

Employee Handbooks (and Policies): Make Sure that the Policies and Disclaimer Accomplish their Purpose

Dorsey & Whitney LLP on

On February 3, 2021, in Hall v. City of Plainview, A19-0606, the Minnesota Supreme Court gave something to employees and employers alike when it addressed the issue of whether a handbook policy can create a unilateral...more

Fisher Phillips

Dangers Of Poorly Defined Vacation (PTO) And Application Of California Law To Non-Residents Addressed By Appellate Court

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California law does not require employers to provide their employees with paid vacation. However, if an employer has a policy providing its employees with paid vacation, the administration of the benefits is strictly...more

Epstein Becker & Green

Australia’s High Court Rules on How to Count Personal Leave Entitlement Under the Fair Work Act

Epstein Becker & Green on

On August 13, 2020, 11 years after the enactment of the Fair Work Act 2009 (Cth) (the “FW Act”), Australian employers received guidance from the High Court regarding how to count the entitlement to “10 days” of personal leave...more

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