Employment Law Questions? Ask an Employment Lawyer.
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?
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
More about your rights concerning this can be found here:
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.
More about this can be found here:
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.
If you decide to make a claim with the DLSE you can do so here:
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.
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.
Have a wonderful rest of your day.
If you ever need to ask for me again, please feel free to do so here:
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).