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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1753
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I am retiring next Friday. I work in California. Management

Resolved Question:

I am retiring next Friday. I work in California. Management employee at will. Up until 2006, employees earned vacation in arrears. In other words, you work in 2006 to earn your vacation in 2007. On Jan 1 2007, company posted new policy that vacation would be earned in the current year. So since 2007 until now, I have been under the new policy. However now that I am retiring, I have asked my employer to pay me for the 4 weeks of vacation that I earned in 2006 under the old policy. I have received a form letter no, but in CA, I think they will have to pay me and intend to file a wage claim with the department of labor once my employment ends. In additon in CA, there are penalties for an additional 30 days to the employer. What say you....
Submitted: 9 months ago.
Category: Employment Law
Expert:  Brandon, Esq. replied 9 months ago.

Brandon, Esq. :

Hello, my name is XXXXX XXXXX it will be my pleasure to assist you today. My goal is to provide you with excellent service. Are you online with me today?

Brandon, Esq. :

You are correct that in California your employer is required to pay you for all vacation time that you have earned. It is unlawful for an employer to try and not pay you for any vacation time that you have earned. Labor Code Section 227.3

Brandon, Esq. :

More about your rights concerning this can be found here:

Brandon, Esq. :

http://www.dir.ca.gov/dlse/faq_vacation.htm

Brandon, Esq. :

As for the 30 day penalty, this is what is known as the waiting time penalty. Your employer would owe you a full days pay for each day that this vacation was unpaid. So you would not get a blanket 30 day penalty, but starting next Friday, you would start accruing a waiting time penalty for every day they did not pay you up to a total of 30 days.

Brandon, Esq. :

More about this can be found here:

Brandon, Esq. :

http://www.dir.ca.gov/dlse/faq_waitingtimepenalty.htm

Brandon, Esq. :

Finally you are absolutely correct that the best way to deal with this situation is to either make an unpaid wage claim with the DLSE or get an employment attorney involved.

Brandon, Esq. :

If you decide to make a claim with the DLSE you can do so here:

Brandon, Esq. :

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

Brandon, Esq. :

If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.

Brandon, Esq. :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.

Brandon, Esq. :

Have a wonderful rest of your day.


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Brandon, Esq. :

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Brandon, Esq. :

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Expert:  Brandon, Esq. replied 9 months ago.
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Customer: replied 9 months ago.

My real question is this. My employer is trying to utilize the fact that they changed the vacation policy, and as a result of that, going from accruing in arrears, to earning as you go in the year, that they are not required to pay that vacation time.


 


My contention is that since I earned the vacation in 2006, for 2007 vacation year, and then the vacation policy changed in 2007, that I still have vacation which was earned in 2006 which I have not been


compensated for.... So botXXXXX XXXXXne me. do you think I have a claim for that or no.


 


Old vacation policy. you earn your vacation in the current year, to be taken in the following year.


 


New policy. you earn your vacation in the current year to be taken in the current year.


 

Expert:  Brandon, Esq. replied 9 months ago.
You absolutely have a claim. Under Labor Code Section 227.3 you are entitled to all vacation time earned. So, in 2006, you earned vacation time (to be taken in 2007). In 2007, you earned vacation time (to be taken in 2007) In California, because paid vacation is a form of wages, it is earned as labor is performed.The only way you would not have a claim given the facts you have presented is if the employer put a cap on how many vacation days you are allowed to have total at any given time and if the employer allowed you to take that vacation prior to reaching the cap. You should absolutely make an unpaid wage claim given the facts you have presented and make sure that you are paid for every day of vacation owed as well as the waiting time penalty under Labor Code Section 203.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1753
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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