SCA Compliance Challenges in a COVID 19 Environment
The Ontario Superior Court of Justice’s decision in Boyer v. Callidus, 2024 ONSC 20 (“Callidus”) serves as a helpful reminder to employers of the importance of carefully drafting, documenting, and communicating contractual...more
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
With the market continuing on its roller coaster trajectory, many employers have been forced to make big cuts to payroll. When doing so, employers must think about a number of things, between final paychecks, vacation time,...more
On March 3, 2023, U.S. District Court Judge Laura Taylor Swain, presiding over Puerto Rico’s bankruptcy, issued an opinion declaring Act 41-2022 (Act No. 41) null and void ab initio. Law 41-2022 Amendments - Act No....more
Bundesarbeitsgericht (BAG) konkretisiert Rechtsprechung - Gemäß § 7 Abs. 4 BUrlG ist Urlaub abzugelten, wenn er wegen Beendigung des Arbeitsverhältnisses ganz oder teilweise nicht mehr gewährt werden kann. Nachdem das BAG...more
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
On June 20, 2022, Puerto Rico’s governor signed into law Act No. 41-2022 (“the Act”). The Act rolls back certain changes brought about by the Labor Transformation and Flexibility Act (“LTFA”). The LTFA was enacted in 2017 in...more
On April 4, 2022, the Supreme Judicial Court issued its opinion in Reuter v. City of Methuen, SJC-13121, holding that where an employer fails to pay a terminated employee wages on the “day of discharge” as required by the...more
Auswirkungen einer CORONA-Infektion auf Entgeltansprüche - 1. ENTSCHEIDUNG DES LAG DÜSSELDORF - Mit Urteil vom 15. Oktober 2021 hat das LAG Düsseldorf (Az.: 7 Sa 857/21) ebenso wie die Vorinstanz die Klage einer...more
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
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
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
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
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
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
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
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
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
McPherson v. EF Intercultural Fndn., Inc., 47 Cal. App. 5th 243 (2020) - In this case of first impression, the California Court of Appeal affirmed the trial court’s judgment (except for the amount of damages and...more
While you have been primarily focused on COVID-19-related matters since mid-March, that doesn’t the world of labor and employment law has taken a timeout. While the pace of new developments has slowed somewhat, there are...more
A California state court just created a controversy for those employers in the state that provide unlimited vacation policies for their exempt workers, holding that in some such instances you may need to pay out vacation time...more
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
On April 1, 2020, a California Court of Appeal issued a long-awaited decision relating to the use of so-called “unlimited” vacation plans. In McPherson v. EF Intercultural Foundation, Inc., the court ultimately did not decide...more
On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more
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