News & Analysis as of

Paid Time Off (PTO) Vacation Pay Vacation Leave

Fisher Phillips

Your Employees Are Embracing “Loud Vacationing” And So Can You: 7 Tips For Building Supportive PTO Policies

Fisher Phillips on

The trend for workers to hide their time off from their managers – known as “quiet vacationing” – has taken a sharp turn. Employees are now “loud vacationing” by openly sharing their travel plans and using their paid time off...more

Holland & Hart - Employers' Lawyers

Is Your PTO Policy Ready for 2025?

If your company uses a single PTO bucket for vacation and sick leave, you may already be out of compliance with state laws. With significant updates to sick leave laws taking effect in 2025, now is the time to ensure your...more

Fisher Phillips

Weekly Checklist: Implementing a Company-Wide Vacation Policy

Fisher Phillips on

Each week, FP Weekly members receive a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace...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

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

Faegre Drinker Biddle & Reath LLP

Colorado Issues New Guidance on Prohibition Against Forfeiture of Earned Vacation or PTO

A series of recent developments in Colorado law have made it clear that employers are prohibited from causing employees to forfeit earned vacation time. A compilation of recent developments and the Colorado Department of...more

Polsinelli

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

Polsinelli on

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

Akerman LLP - HR Defense

Colorado Employers May Need to Pay Out Accrued Vacation on Termination

Colorado employers should carefully review their vacation and paid time off policies following a recent decision from the Colorado Supreme Court. On June 14, 2021, the Colorado Supreme Court held in Nieto v. Clark’s Market...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

Jackson Lewis P.C.

California Dreamin’, California Vacation Time

Jackson Lewis P.C. on

It’s summer and California has eased COVID-19 restrictions, which makes it the perfect time for employers to refresh themselves on the rules and regulations governing vacation time for employees in California...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

Fisher Phillips

Dangers Of Poorly Defined Vacation (PTO) And Application Of California Law To Non-Residents Addressed By Appellate Court

Fisher Phillips on

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

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

Fisher Phillips on

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

Haight Brown & Bonesteel LLP

Employer Required to Pay Out Unused Vacation Under an Unwritten, Unspecified and Purportedly Unlimited Paid Time Off Policy

On April 1, 2020, the California Court of Appeal, Second District (Los Angeles) in McPherson v. EF Intercultural Foundation, Inc. (B290869), addressed the issue of whether an employee’s right to paid time off (under an...more

Stoel Rives LLP

COVID-19: Employer FAQs

Stoel Rives LLP on

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

Husch Blackwell LLP

No Vacation From Legal Uncertainty: Colorado's Conflicting Directions About Vacation Policies

Husch Blackwell LLP on

May Colorado employers adopt “use-it-or-lose-it” vacation policies, in which employees lose paid vacation time if they do not use it within a certain time frame? May Colorado employers refuse to pay out the cash value of...more

Brownstein Hyatt Farber Schreck

Colorado PTO: To Pay or Not to Pay

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

Franczek P.C.

Unlimited Vacation - Wave of the Future or Potential Liability?

Franczek P.C. on

The idea seems so simple: Instead of carefully tracking how much time each employee takes off during the year, we all agree to treat one another as professional, responsible adults, and take off whatever time we need...more

Littler

Colorado Division of Labor Issues New Guidance on "Use-It-Or-Lose-It" Vacation Policies, But Questions Remain

Littler on

The Colorado Department of Labor and Employment's Division of Labor has promulgated new guidance on "use-it-or-lose-it" vacation policies. While the Colorado Division of Labor has taken no enforcement position on...more

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