Ten Days’ Paid Leave May Be Available for All Full-Time Workers

March 28, 2024

By: Trevor Brice, Esq.


For many Americans, the possible leave that can be taken under state and federal leave has been expanded and extended so that many employees are covered by state and federal leave laws. However, this coverage has not extended to all full-time U.S. employees. A new bill in Congress seeks to change this. On March 20, 2024, several House Democrats announced the introduction of the Protected Time Off (“PTO) Act to guarantee 10 paid days off from work each year for full-time workers.


The proposal ensures that all full-time employees will earn no less than two weeks of annual paid leave per year, in addition to any employer-provided or legal required paid sick or family leave, to be used for any reason at the employees’ standard pay rate. Employers must not interfere with or discriminate against workers who seek to take annual paid time off.


Possible Implications for Employers under the PTO Act


The PTO Act offers two weeks of paid time off to any full-time employee for any reason. This means that employers will have to offer this time off as long as employees provide two weeks’ notice, which is required under the law. Employers with surge seasons will be particularly affected by this act, because, as long as notice is provided, employers cannot deny the time off, unless the surge season qualifies as an emergency under the Act. An employer may place limited, reasonable restrictions regarding the scheduling of paid annual leave and may reject a scheduling request for such leave for a bona fide business reason, so long as the employer provides other reasonable alternative times for the employee to schedule such leave. However, the definition of reasonable alternative times would have to be tested in court, as it is not defined in the pending legislation.


Employees would begin to accrue paid leave as soon as their employment begins and employers must provide each employee with no less no less than 1 hour of paid annual leave for every 25 hours worked, for up to 80 total hours. Employees can start using PTO Act leave on the 60th day of their employment.


Employers will need to compensate employees at the same rate that they would have been paid had the employees not used leave. Further, employees are allowed to carry over up to 40 hours of leave year to year and can cash out any unused paid annual leave at the separation of employment. If employers violate the PTO Act, employers may be responsible for lost wages, interest, liquidated (double) damages, and reasonable attorney’s fees and costs. While an individual bringing a claim under the PTO Act may not scare employers, as it could be on the hook for up to four weeks of pay plus attorney’s fees and costs at maximum, a class action on behalf of multiple employees could certainly be something that employers fear.


Takeaways


The PTO Act, while introduced in the House, is not likely to advance and become law with bipartisan support. However, it is of note that legislators feel comfortable advancing legislation that would give paid leave to all full-time employees. In this sense, it is more likely that a lesser version of the PTO Act could be passed in the coming months and years, which could burden employers with more regulation related to paid leave. As always, if an employer has questions or concerns about the utilization of paid leave and the application of new potential laws like the PTO Act, it is prudent to seek legal counsel.


Trevor Brice is an attorney who specializes in labor and employment-law matters at the Royal Law Firm LLP, a woman-owned, women-managed corporate law firm that is certified as a women’s business enterprise with the Massachusetts Supplier Diversity Office, the National Assoc. of Minority and Women Owned Law Firms, and the Women’s Business Enterprise National Council.

By The Royal Law Firm November 5, 2025
Attorney Amy Royal has once again been selected as a Super Lawyer ! As published by Super Lawyers Amy B. Royal is a top-rated attorney, with her firm headquartered in Springfield, Massachusetts. Providing legal representation in the New England states and New York, for a variety of different issues, Amy Royal was selected to Super Lawyers for 2014 - 2016, 2019 - 2025. Attorneys like Amy B. Royal are recognized by their peers for their outstanding work and commitment to the spirit of the legal profession. Their knowledge of the law, professional work ethic, and advocacy on behalf of their clients allow them to stand out among other attorneys in the field.
September 25, 2025
Starbucks is facing a new wave of litigation, in this instance over its workplace dress code. Employees in California, Colorado, and Illinois allege that the Company’s updated policy forced them to purchase clothing items out-of-pocket without reimbursement, raising questions about employer obligations under state expense reimbursement laws. The Lawsuits On September 17, 2025, employees in Illinois and Colorado filed class-action lawsuits, while workers in California submitted complaints to the State’s Labor and Workforce Development Agency. If the Agency declines to act, those workers intend to pursue their own civil claims. The lawsuits are backed by the union organizing Starbucks workers, and plaintiffs argue that requiring employees to buy specific uniform items without full reimbursement violates the states’ statutes. Under laws in California, Colorado, and Illinois, employers must cover necessary business expenses, which can include uniforms or clothing mandated by a dress code. What the Dress Code Requires The revised policy, implemented in May 2025, requires employees to wear a solid black shirt (short or long sleeves, but not sleeveless or midriff-bearing) underneath their signature green apron. Pants must be khaki, black, or denim, and shoes must be in muted tones such as black, gray, navy, brown, tan, or white. The policy also forbids “theatrical makeup” and visible face tattoos, prohibits nail polish and tongue piercings, and limits workers to one (1) facial piercing. In an effort to offset the change, Starbucks provided two shirts free of charge to each employee. Workers contend this was not enough, since multiple additional items were required to comply with the policy. Court documents show that some employees who failed to follow the dress code were subject to verbal warnings or sent home before starting their shifts. Worker Claims One plaintiff, Shay Mannik, a shift supervisor in Colorado, reported purchasing four black T-shirts, compliant shoes, and jeans to meet the dress code requirements. Despite these costs, Mannik claims they were never reimbursed. “It’s unfair that a billion-dollar company puts this burden on workers already struggling with unpredictable hours and understaffed stores,” Mannik stated through attorneys. Starbucks’ Response Starbucks defended the policy as a way to “deliver a more consistent coffeehouse experience to our customers and provide our partners with simpler and clearer dress code guidance.” The Company emphasized that it issued two free shirts to employees to prepare for the change. Key Considerations for Employers The Starbucks litigation underscores several important lessons for businesses:  Uniform Policies May Trigger Reimbursement Duties. Even when employers provide some clothing, state laws may still require reimbursement if employees must make additional purchases. State Laws Differ. California, Colorado, and Illinois all impose expense reimbursement obligations, but requirements vary, and enforcement can be aggressive. Here in Massachusetts, an employer does not need to pay for or reimburse an employee for general clothing, such as khakis, a black shirt, and black shoes, since these are ordinary items that can be worn outside of work. If the employer requires a specific style, brand, or logo (making the clothing a true uniform) then the employer must provide or reimburse for it and cover the cost of maintenance if special cleaning is needed. The only exception for ordinary clothing is if the cost would reduce the employee’s pay below minimum wage. Policy Rollouts Should Weigh Legal Risks. Employers introducing or revising appearance standards should carefully evaluate potential compliance costs, both financial and reputational. Takeaway The lawsuits against Starbucks will test the boundaries of state reimbursement laws and may influence how courts interpret employer obligations regarding dress codes. For companies, this case highlights the need to review policies proactively and ensure expense reimbursement practices comply with applicable state requirements. At The Royal Law Firm, we advise businesses on preventive compliance and represent employers when disputes arise. Our team’s focus on business defense ensures that policies are both operationally effective and legally sound. The Royal Law Firm LLP is a woman-owned, women-managed corporate law firm certified as a women’s business enterprise with the Massachusetts Supplier Diversity Office, the National Assoc. of Minority and Women Owned Law Firms, and the Women’s Business Enterprise National Council. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.