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Paid Time Off (PTO) Employer Liability Issues Employment Litigation

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your July To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. To ensure you stay on top of the latest changes and have an action plan for...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your October To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Tucker Arensberg, P.C.

Can an Employee Be Eligible for Medical Leave Even if FMLA and PTO Leave Isn’t Available?

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When employers think of “medical leave,” most minds understandably jump to the Family Medical Leave Act (FMLA) or time off that employees may be entitled to under company-provided policies (sick leave, vacation, PTO, etc.)....more

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

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...

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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

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

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

Bodman

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

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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

Stikeman Elliott LLP

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

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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

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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...

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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

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

Fisher Phillips

Colorado Supreme Court Says Employers Can’t Maintain “Use-it-or-Lose-it” Vacation Pay Policies

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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

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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

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

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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 month...more

Farella Braun + Martel LLP

[Webinar] Employment Law Updates for Nonprofits in the New Normal - July 16th, 3:30 pm - 5:00 pm PT

Nonprofit organizations are subject to both state and federal employment laws and regulations. The past few months have brought a landslide of new legislation, guidance, and orders from our federal, state and local...more

Proskauer - California Employment Law

Unlimited Vacation Policy Failed To Properly Compensate Employees

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

Fisher Phillips

Recent Court Case Highlights Limitations Of An “Unlimited” Vacation Policy In California

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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

Cozen O'Connor

Dallas Paid Sick Leave Ordinance Struck Down by Federal Court

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A Dallas federal court has issued a preliminary injunction stopping the enforcement of the ordinance enacted by the City of Dallas last year that would have required many Dallas employers to provide paid sick leave to their...more

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