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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: California Employment Law
Satisfied Customers: 17469
Experience:  B.A.; M.B.A.; J.D.
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I red a lady here nearL Los angeles ca. which is under the

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I hired a lady here nearL Los angeles ca. which is under the labor commission authority on a part time basis 32 hours per week. At our origianl meeting nothing was discussed about paid vacation., as I really not sure she was going to make it, as she was a rather dominate woman. After about 8 months I knew it was not going to work, so I told her that she had to find another job as I was not pleased with her performance and attitude. So in my mind I placed her on temperary employment. Gave her work time off with pay to go to interviews Well that started in Oct.2015. Finally in feb.2016 she said her new job was all but sealed, Then she started her lould mouth at me and pointed her finger, so i said that was it she was terminated. She has now gone to the labor relationship board that I did not give her vacation pay, which my other employess have. I read some where in the commissioners rules, that part time workers must have their vacation pay in writing, so I did not give it to her. She tells her story to them and the commissions say I am to pay her vacation pay and now a penalty of about $4500 makingi the total of about $5200 I can not find the section of the law that states that it had to be in writing to be collectible. I also believe that when I terminaated her in Oct, but kept her own for her own benefit. she was a temperary employee. Is there any code that will help me out of this mess. Thanks Bill
Submitted: 5 months ago.
Category: California Employment Law
Expert:  hrpro37 replied 5 months ago.

Hello,

Thanks for using JustAnswer.

In California, you are not required to provide paid vacation benefits to any employee or you can choose to provide employees to one group (full-time for example) and not another group (Part-time). In this case, it would come down to what your organization's specific policy outlines. If it stipulates that only full-time employees are provided with vacation and this employee was part-time then you should have no problem getting out of paying the vacation. You can find more information here: http://www.dir.ca.gov/dlse/faq_vacation.htm

Feel free to ask follow up questions if needed and please rate me so that I receive credit for addressing your question.

Thank you,

Amber

Customer: replied 5 months ago.
I read some where in the codes of the labor commisioner, that part timer vacation time must be in writing to be enforceable. where is that at. Thanks Bill
Expert:  hrpro37 replied 5 months ago.

I will opt out of the question and give another professional the opportunity to find that specific labor code.

Expert:  Phillips Esq. replied 5 months ago.

Hello: I have searched the Labor Commissioner's website and California Labor Code and I could not find any specific reference to part-time employees and their vacation pay that must be in writing in order to be enforceable. What I found is a general discussion of vacation pay for all employees whether by contract or through employer's policy. See California Labor Code Section 227.3.

I also believe that when I terminaated her in Oct, but kept her own for her own benefit. she was a temperary employee. Is there any code that will help me out of this mess. Thanks Bill

Response 2: Regrettably, I did not find any California Labor Code that would support your assertion. See Labor Code Section 201.3 and 2810.3

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

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