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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
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
On April 4, 2022, the Massachusetts Supreme Judicial Court held, in Reuter v. City of Methuen, that employers are strictly liable for treble wages as liquidated damages if they fail to make timely payments upon an employee’s...more
The Massachusetts Supreme Judicial Court (“SJC”) – Massachusetts’ highest court – recently held that under the Massachusetts Wage Act (“Wage Act”) employees are entitled to automatic treble wage damages – that is, three times...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
To assist employers navigating these difficult and unprecedented times, below are some frequently asked questions and answers. These FAQs provide general guidance only and are not intended to serve as legal advice. Our...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
Colorado employers gained clarity from the Colorado Court of Appeals on a closely watched Colorado wage and hour law issue—when it comes to payout of accrued vacation time upon termination, the written agreement or policy...more
$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more
Earlier this month, we alerted you that the Colorado Department of Labor was considering an enforcement position with respect to “use it or lose it” vacation policies. The CDOL recently issued a FAQ document about Colorado’s...more
The Colorado Department of Labor-Division of Labor has issued much needed guidance confirming that "use-it-or-lose-it" vacation policies are permissible under the Colorado Wage Protection Act provided that the policy is...more
Most California employers know that an employee who is fired must be paid all of his or her wages, including accrued but unused vacation, immediately at the time of termination. Labor Code sections 201 and 227.3. However, I...more
Frank Moreno agreed, as a condition of his employment with Sonic-Calabasas A, Inc., to arbitrate all of this employment disputes with his employer. After terminating his employment with Sonic, Moreno filed an administrative...more
“Use It or Lose It” Policy Results in Multimillion-Dollar Verdict - Why it matters: Although this decision is unpublished, it provides a lesson on the potentially expensive ramifications of maintaining an illegal...more