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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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Greetings I am currently employed by Kona grill I was told

Customer Question

Greetings I am currently employed by Kona grill I was told I was eligible for a vacation after 6 months 1 week after 1 year two I however I was told by a regional manager that I could take it anytime I want I gave notice while on the said one week vacation he now tells me that I have to accrue the hours as a salaried chef which I am and I haven't accrued enough I requarly work well over 60 hours a week six days a week for this company and I'm not paid for these extra hours and days if they Faroe that in I would have achieved the correct amount for this year already I feel like the regional manager is trying to be mischievous by not paying me for the vacation I was told I could take is the legal
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.
Hello David ​This is Samuel. Paid vacations are governed by employer policy. The law is the employer may establish a policy as a "benefit" because there are no laws that mandate vacations be given or paid. I suggest you consider talking with your HR Director and have them explain to you exactly how you accrue your paid vacation time. Explain that you have been putting in at least 60 hours a week for the past 6 months and you feel you should have at least the time in for a one week vacation. It all depends on the policy of the employer and how they compute time to accrual. I suggest, however, if you are not salaried you should be getting paid overtime or accruing comp time for your over time of anything over 40 hours - again if you are paid hourly and not a salaried employee.Please let me know if you have other questions in this regard. Otherwise a positive rating ensures I get credit for my time and information.