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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20228
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I live in Colorado and was just off. My employer recently

Customer Question

I live in Colorado and was just laid off. My employer recently put the entire company on minimum wage. I received my final paycheck and it shows that the vacation time that I had accrued was paid out at minimum wage. I had accrued the vacation time while at my regular salary so my question is can they pay out my unused vacation time at the current minimum wage? Or do they have to pay it out at the wage that I was at when I accrued the vacation time? Please let me know. Thanks.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 years ago.
Hello,Thank you for the information and your question and I am sorry to read about your recent lay off. The law only requires that the employer pay out vacation pay at the employee's rate of pay upon termination unless there is a contract that says differently. So, assuming you do not have the contract guarantee I mentioned, you should have been paid at the rate of pay you were receiving when you were laid off. Please let me know if you need any clarification.
Customer: replied 2 years ago.
I was given a letter that stated that the minimum wage was only temporary. Does this change anything?
Expert:  Marsha411JD replied 2 years ago.
Ultimately only the State DOL or a court could interpret written statements or polices, but normally, unless your employer's vacation leave policy says specifically that vacation leave will be paid at the amount it was accrued, it would just be considered a wage like your other wages. Meaning whatever wages were due to you when you left would be the same rate of pay that vacation pay would be paid. You are free to file a wage claim with the State for the difference, but the law really only supports payment of the rate of pay when you had your last day of work.
Expert:  Marsha411JD replied 2 years ago.
Hello again, I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer that I provided to you on the 20th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: Thank you.