Transcription of MASSACHUSETTS SUPREME COURT TAKES …
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_____ MASSACHUSETTS SUPREME COURT TAKES TOUGH STANCE ON VACATION PAY BY: GEORGE L. CHIMENTO JUNE 15, 2009 _____ 1. INTRODUCTION MASSACHUSETTS employers should review their vacation and paid time off ( PTO ) policies, to be sure they comply with a recent MA SUPREME COURT decision, Electronic Data Systems Corporation vs. Attorney General & Another, SJC 10260 (the Decision ). 1 The COURT ruled that EDS, a MASSACHUSETTS employer, must pay for accrued vacation time when it terminates an employee. An employer policy which defined unused vacation time as unearned and forfeitable was declared void. The COURT upheld an Attorney General citation requiring EDS to pay the vacation accruals plus a 20 0% penalty.
It’s not clear exactly what the Advisory means when it requires designation “in advance.” 1. Is that a general designation “in advance” of the year in which the services are
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