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Accrued Benefits Employer Liability Issues Employee Benefits

Seyfarth Shaw LLP

Gone But Not Forgotten: How to Handle Final Pay and Benefits When an Employee Passes Away, Part 2

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Benefits and Beyond: What Happens to PTO, Health Insurance, Retirement Plans, and other Benefits?...more

CDF Labor Law LLP

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

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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

Littler

Critical Updates to the Massachusetts Paid Family and Medical Leave Law

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Recent amendments to the Massachusetts Paid Family and Medical Leave law (PFML) now allow employees to supplement their weekly PFML benefit amount with accrued paid leave (vacation, sick time, PTO, etc.). PFML contribution...more

Littler

Third Circuit Finds Deductions from Accrued PTO Do Not Violate Salary Basis Requirement for Exempt Employees

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The Third Circuit recently highlighted the flexibility afforded to employers when providing fringe benefits to salaried exempt employees. In Higgins v. Bayada Home Health Care Inc., No. 21-3286, 2023 WL 2518345 (3d Cir. Mar....more

Littler

Amended Maine Law Will Require Vacation Payout When Employment Ends

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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

BCLP

In Colorado, Employers May Giveth - But They May Not Taketh Away

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Last month, the Colorado Supreme Court finally resolved a longstanding issue in Colorado employment law: whether employers may have a policy or agreement that provides for forfeiture of accrued but unused vacation. The...more

Littler

Colorado Supreme Court Finds Policies Requiring Forfeiture of Earned Vacation Unlawful

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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

Ballard Spahr LLP

Paid Sick Leave is Coming to Pittsburgh

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On July 17, 2019, the Pennsylvania Supreme Court held that the City of Pittsburgh’s Paid Sick Days Act (PSDA)—a 2015 ordinance that required businesses to provide paid sick leave to workers in the City—is valid....more

Ballard Spahr LLP

Colorado Employers Can't Take Away Accrued Vacation Pay

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As previously reported, the Colorado Department of Labor and Employment (CDLE) has been considering major changes to the state’s Wage Protection Act (WPA). ...more

Stokes Wagner

Nevada Employers Prepare for New Paid Leave Law (SB 312)

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Nevada’s SB 312, signed into law in June of this year, is set to take effect January 1, 2020. For the first time in the State’s history, this bill will legislatively mandate private employers to provide employees with up to...more

Ballard Spahr LLP

Colorado Decision Clarifies Unused Vacation Time Issue for Employers

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A recent decision from the Colorado Court of Appeals clarifies that employers can limit the payment of accrued but unused vacation time at separation from employment and that forfeiture is not a violation of the Colorado Wage...more

Littler

Colorado Court of Appeals Finds Vacation Forfeiture Policy Lawful

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In a significant decision for employers, a Colorado appellate court recently upheld an employer’s policy requiring forfeiture of accrued, unused vacation at separation of employment, finding the policy did not violate the...more

Holland & Knight LLP

Maryland's Paid Sick Leave Mandate Set to Take Effect This Month

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• The Maryland Healthy Working Families Act is scheduled to go into effect on Feb. 11, 2018, making Maryland the ninth state to mandate paid sick leave for private employers. • The Act requires that Maryland employers with...more

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

Massachusetts Supreme Judicial Court Rules That Unused Paid Sick Leave Does Not Qualify as Wages Under the Commonwealth’s Wage Act

In Mui v. Massachusetts Port Authority, issued on January 29, 2018, Massachusetts’s highest court decided an issue of first impression in the Commonwealth: whether accrued but unused paid sick time counts as “wages” for...more

Mintz - Employment Viewpoints

Vacation Float: Managing (and Recouping) Unearned Vacation Time

Summertime is vacation time. And vacation time means headaches for employers who engage in vacation float. Vacation “float” is the practice of advancing vacation to employees before they actually accrue it under an employer’s...more

Pullman & Comley - Labor, Employment and...

Payment of Accrued But Unused Vacation Pay

The Connecticut rules for payment of accrued but unused vacation pay when employment terminates are fairly simple, but a brief refresher may be helpful to employers. Connecticut General Statutes § 31-71f requires...more

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