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Hewitt Set to Argue Vacation Pay Practices Before Nebraska State Supreme Court

On September 5, 2006, Mary Hewitt will argue an appeal before the Nebraska State Supreme Court which will decide how vacation pay is treated by virtually every private employer in the state. Hewitt represents former employees of Strategic Staff Management of Omaha who were not paid earned but unused vacation pay upon their resignations from the company. The lawsuit, filed in 2000, claims that earned vacation constitutes a fringe benefit that is a "wage" under the Nebraska Wage Payment and Collection Act which must be paid upon separation from employment. This will be the first time the Nebraska Supreme Court has addressed paid vacation plans under the Nebraska Wage Payment and Collection Act.

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