News & Analysis as of

Vacation Leave CO Supreme Court

Holland & Hart - Employers' Lawyers

CDLE Issues New Guidance on Vacation, PTO, and Payroll Deductions

The Colorado Department of Labor and Employment (CDLE) recently provided guidance for Colorado employers on two important issues: payment of vacation and paid time off (PTO) to employees upon separation from employment, and...more

Polsinelli

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

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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

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

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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

BakerHostetler

Colorado Supreme Court Resolves ‘Use-It-or-Lose-It’ Conundrum in Decision Providing Long-Awaited Clarity for Employers

BakerHostetler on

On June 14, 2021, the Colorado Supreme Court issued its highly anticipated decision in Nieto v. Clark’s Market, ruling that employers must pay out an employee’s earned but unused vacation pay upon separation of employment,...more

Hogan Lovells

Colorado employers must now pay out earned vacation pay irrespective of contrary policy

Hogan Lovells on

On June 14, 2021, the Colorado Supreme Court held that the Colorado Wage Claim Act (CWCA) requires Colorado employers to pay out employee vacation pay once earned—regardless of any relevant employment agreement or company...more

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

Colorado Supreme Court Holds ‘Use-It-Or-Lose-It’ Vacation Policies Are Void in Nieto v. Clark’s Market

On June 14, 2021, the Colorado Supreme Court provided an answer to the long-standing question of whether “use-it-or-lose-it” vacation policies are permissible under the Colorado Wage Claim Act (CWCA). In the case of Nieto v....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

Holland & Hart - Employers' Lawyers

Colorado Court of Appeals: Terms of Employer’s Vacation Policy Control Whether Accrued, Unused Vacation Time Must Be Paid Out at...

The Colorado Court of Appeals issued a very favorable decision to employers today in a case litigated by Steve Gutierrez and Brad Williams of Holland & Hart, LLP. The case addressed an unsettled question under the Colorado...more

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