News & Analysis as of

State Labor Laws Wage and Hour Vacation Pay

Fisher Phillips

Major Overhaul of the NY Healthy Terminals Act Signed Into Law: What Employers Need to Know Before January 1, 2026

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As part of the 2025-26 budget package signed by Governor Hochul on May 9, New York overhauled its Healthy Terminals Act (HTA) to reshape airport wage and benefit obligations to mirror New Jersey’s version of the law. These...more

Fox Rothschild LLP

More Protected Time Off Provisions for CA Employers (AB 2499)

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It can be so confusing to understand whether and when an employee’s missed shift can be grounds for discipline. For example, you can’t discipline an employee, even if they call off at the last minute, if they have statutory...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

CDF Labor Law LLP

[Webinar] What’s the Deal? - California Employment Law Issues in Business Transactions and Restructurings - May 24th, 9:30 am -...

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CDF Labor Law LLP presents a complimentary webinar that will cover California employment law issues that arise in business transactions and restructurings. Please join CDF employment law attorneys John Giovannone, Erin Owen,...more

Littler

Littler World Cup Matchups Part 1: Paid Vacation and Annual Leave

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The World Cup starts November 20, 2022 and will end in mid-December. Soccer fans from around the globe will be tuning in for the matches, or perhaps even attending in person. We thought we’d set up our own employment law...more

Polsinelli

Maine Legal Developments: Hairstyle Discrimination, Agreements Prohibiting Disclosure of Unlawful Discrimination, and Payment of...

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On August 8, 2022, three pieces of newly enacted state legislation go into effect, directly impacting private employers operating within the state. First, along with a number of other states,1 Maine has enacted Creating a...more

Seyfarth Shaw LLP

Maine’s Vacation Law Will Now Require Payout Upon Separation

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Recently, Governor Janet Mills of Maine signed H.P. 160 - L.D. 225, “An Act Regarding the Treatment of Vacation Time Upon the Cessation of Employment,” which amends Maine’s final wage statute to require the payout of unused,...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

Morgan, Brown & Joy, LLP

SJC Holds Employers Liable for Full Amount of Treble Damages When Wages Are Paid Late

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

Conn Kavanaugh

Late Payment of Wages Means Triple Liability for Employers Even If Wages Are Paid Before Suit is Filed

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On April 4, 2022, the Massachusetts Supreme Judicial Court (“SJC”) dispelled the notion that employers can avoid triple liability for late payment of wages under the Massachusetts Wage Act, M.G.L. c. 149, § 148 (“Wage Act”),...more

Fox Rothschild LLP

Colorado Issues New Rules Governing Employee Compensation for 2022

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The Colorado Department of Labor and Employment (CDLE) has adopted new rules, effective Jan. 1, 2022, pertaining to overtime and minimum pay, adjusted labor compensation and wage protection. These changes, adopted Nov....more

Littler

Colorado Proposes Expanded Definition of Vacation Pay, New Highly Compensated Employee Exemption, Modifications to Paid Sick Time...

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The Colorado Department of Labor Division of Labor Standards and Statistics has proposed modifications to its Wage Protection Rules and has published proposed Colorado Overtime and Minimum Pay Standards (COMPS) Order #38. ...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

Tyson & Mendes LLP

“Use It or Lose It” No More – Colorado Supreme Court Weighs in on Employee’s Rights to Compensation for Accrued Vacation Pay

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On June 14, 2021, the Colorado Supreme Court issued its highly anticipated decision in Nieto v. Clark’s Market, Inc., which provided clarification to Colorado employers and employees on the concept of “use it or lose it”...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

Hogan Lovells

Colorado employers must now pay out earned vacation pay irrespective of contrary policy

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On June 14, 2021, the Colorado Supreme Court held that the Colorado Wage Claim Act (CWCA) requires Colorado employers to pay out employee vacation pay once earned—regardless of any relevant employment agreement or company...more

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

Colorado Supreme Court Holds ‘Use-It-Or-Lose-It’ Vacation Policies Are Void in Nieto v. Clark’s Market

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

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

Husch Blackwell LLP

Colorado Supreme Court Bans "Use-It Or Lose-It" Vacation Policies

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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

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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

Payne & Fears

[Webinar] Looking Forward to 2021: California Employment Law Updates - December 1st, 9:30 am - 10:30 am PST

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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

Farella Braun + Martel LLP

Unlimited Vacation Policies Present Potential Pitfalls for California Employers

As unlimited vacation policies increase in popularity, California employers must be careful to avoid legal pitfalls in drafting and implementation. In the first California appellate decision to address unlimited vacation...more

Fisher Phillips

The Top Non-COVID Workplace Law Stories You May Have Missed: March/April 2020

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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

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

Vacation Time: Colorado Employees Still Cannot “Use It or Lose It”

In December 2019, the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, issued a final rule clarifying the statutory prohibition on “use it or lose it” vacation time payouts. This rule,...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

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