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 vacation policy. So the question becomes, if you allow an employee to take vacation time the employee hasn’t actually earned, how do you get the value of that time back if the employee leaves before “repaying” it?

Continue Reading Vacation Float: Managing (and Recouping) Unearned Vacation Time

The New York State Workers’ Compensation Board is out with proposed regulations providing guidance to employers, insurance carriers and employees regarding their rights and responsibilities under New York’s new Paid Family Leave law, which is scheduled to go into effect January 1, 2018.  Comments on the proposed rules will be accepted for 45 days – until April 8th (although we note that’s a Saturday).  For our earlier post on the enactment of the Paid Family Leave Act, see here.

Continue Reading New York Paid Family Leave Proposed Regulations Filed

The growing prevalence of the Zika virus in the United States has already presented a number of hurdles for employers striving to create a safe and healthy workplace environment for their employees.  These concerns are more immediate than ever.  The recent and continuing outbreak in Florida and the emergence of state-to-state transmission within the U.S. reinforce the need for employers to stay informed of best practices for minimizing workplace health risks without overstepping critical legal boundaries between employer and employee.

Continue Reading Addressing Zika’s Continued Threat to the Workplace

Massachusetts employers need to take heed that the safe harbor provision in the Earned Sick Time law ends on December 31, 2015.  By the start of the New Year, Massachusetts employers will need to strictly comply with the Sick Time Law or it will not be a very happy New Year.

Continue Reading One Particular (Safe) Harbor: Safe Harbor for Massachusetts Earned Sick Time Law Ends on December 31, 2015.

Written by Robert Sheridan

A recent submission in an advice column on Boston.com struck my eye and the scenario should be no surprise to the modern worker. A Massachusetts at-will worker decides to take a “mental health day” and calls in sick, despite the fact that he is not actually sick. He then meets some of his friends at his favorite lunch spot. His manager however, spots him at lunch and fires him the next day for abusing the company’s sick leave policy. Is this termination legal?

Continue Reading Malingering: Yes, it May Get You Fired