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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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Vacation benefits are not being reflected accurately on payroll

Customer Question

Vacation benefits are not being reflected accurately on payroll stubs in Fort Dodge, IA. Does wage and hour look into the accuracy of this type of work benefit? Employer has been asked on numerous occasions by various employees what days/hours they have coming and have been told that the "office" is too busy to deal with this issue. A new computer program was installed about 1 year ago and tracking of this benefit has been neglected by employer.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of employment law experience. It is a pleasure to assist you today. The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations, sick leave or federal or other holidays. These benefits are matters of agreement between an employer and an employee (or the employee's representative). To that end, benefits are not really addressed by the FLSA, and thus the US Department of Labor. Therefore, if the employer is not properly calculating the vacation time accruals, as per the agreement with the employees, this is more of a breach of contract issue between the employer and the employees. For that reason, the employees do have the right to file suit, in mass if necessary, to demand that the employer track and reward for time worked that is supposed to go towards vacation benefits. So, the short answer is that wage and hour (or the Department of Labor) does not look into the accuracy of this type of work benefit. However, there are legal means to address this issue in your local court system for what is effectively breach of contract. Let me know if you have any other questions. if none, please rate my answer positively (three or more stars) so I can receive credit for my response. Best!
Expert:  Delta-Lawyer replied 1 year ago.
Just checking to make sure you received my response. Let me know. Thanks