News & Analysis as of

Vacation Leave Employer Liability Issues Employee Benefits

Littler

Dear Littler: We Need a Vacation from Our Vacation Policy

Littler on

Dear Littler, Recently I became the Chief Financial Officer at a growing company. We are in solid financial shape, but I have concerns about financial liability the company is carrying on its books in the form of unused...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 11 "No Vacation Time Prior to Utilizing Paid Family Leave"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the eleventh day of the holidays, my labor and...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

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

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

Tyson & Mendes LLP on

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

Hogan Lovells

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

Hogan Lovells on

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

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

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

Pierce Atwood LLP

COVID-19: "Where I Spent My Summer Vacation" – This Year’s Summer Reading for Employers

Pierce Atwood LLP on

COVID-19 is the pandemic that keeps on giving. As the Fourth of July marks the start of the summer vacation season, more and more employees are going to be taking time off. State quarantine orders - until now perhaps only of...more

Fox Rothschild LLP

Summer Is The Season Of Competing Vacation Requests

Fox Rothschild LLP on

With Memorial Day behind us and the Fourth of July quickly approaching, employees are anxious to schedule summer vacations and employers are receiving vacation requests. Inevitably this means that employers are faced with the...more

Jackson Walker

Is There Anything Improper About Taking a Vacation During FMLA Leave?

Jackson Walker on

While posting vacation photos on Facebook during a leave under the Family and Medical Leave Act (FMLA) is probably not a stellar idea, the question of whether an employee can take a vacation during FMLA leave may not be so...more

Fisher Phillips

Uncertainty Around Unlimited PTO: Is It Actually a Perk?

Fisher Phillips on

Many companies, especially those in the technology industry, have created buzz over the last few years by offering employees “unlimited” paid time off (PTO). Traditionally, an employee’s time off has been separated into...more

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