Mark Wiletsky

by Mark Wiletsky

Question: If we offer unlimited paid time off (PTO) and employees don’t accrue PTO, do we have to pay anything out at termination?

Answer: Generally, the answer is no, but there is limited case law on this question and the answer may change based on how the unlimited PTO is administered.  Under Colorado and other state laws, vacation is considered is a wage.  Therefore, vacation cannot be forfeited and any accrued, unused vacation must be paid upon separation from employment.  Paid Time Off (PTO) is typically viewed as a form of vacation and, therefore, it is arguably subject to the same rules.

With unlimited PTO, however, no PTO is accrued.  Hence, no PTO is payable upon termination of employment.  But that can change if the unlimited PTO is not truly unlimited.  The Colorado Division of Labor and Employment provides the following guidance on this topic: Read more >>

Adam Bouka

by Adam Bouka, Dora Lane, and Greg Saylin

As we move into 2025, California continues its trend of enacting progressive and comprehensive labor and employment laws. The new legislative updates span a range of critical issues, including whistleblowing, discrimination, workplace safety, artificial intelligence, and paid leave. Employers across the state must act swiftly to update their workplace policies and practices to comply with these changes, which take effect January 1, 2025. Below, we outline the most significant updates and what employers need to know.

Whistleblower Protections

California has expanded protections for whistleblowers with two significant updates:

• AB 2299 requires employers to prominently display a list of employees’ rights and responsibilities under whistleblower laws, including the whistleblower hotline number. Notices must use lettering larger than 14-point type. To assist employers, the Labor Commissioner will provide a model list.
• AB 2455 extends whistleblower protections to contractors reporting improper governmental activity while providing services to local governments.

Greg Saylin

Sexual Harassment Training

Under AB 2364, employers must pay increased fees under the Property Service Worker Protection Act to fund sexual violence and harassment prevention training. This change emphasizes California’s ongoing commitment to workplace safety and education. Read more >>