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I am located in Florida. I paid a mechanic flat rate ( Basic…

Customer Question
I am located in...

I am located in Florida. I paid a mechanic flat rate ( Basic salary or commission whatever is higher) so I am wondering how I should calculate a 6 days of paid vacation

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

It is full time. and there is not formal agreement

Submitted: 8 months ago.Category: Employment Law
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Answered in 5 minutes by:
11/21/2017
Employment Lawyer: socrateaser, Lawyer replied 8 months ago
socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 40,074
Experience: Retired
Verified

Hello,

Divide the employee's total wage for the previous week by the number of hours that the employee actually worked, and then multiply times 8 for each vacation day. If you don't know the hours, then divide by the number of days worked in a seven-day workweek, and use that number for each vacation day.

The U.S. Department of Labor calls this calculation the employee's "regular rate."

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Customer reply replied 8 months ago
Is there any legal rule which address the way to calculate such average. Since vacation is optional in Florida, what happen is the vacation is paid using the basic salary rate?
Employment Lawyer: socrateaser, Lawyer replied 8 months ago

Under federal law, which applies in Florida, compensation for vacation pay is determined by agreement between the employer and employee. See this link for confirmation. If you have no written policy or agreement, the regular rate that I have described is a reasonable means of calculating vacation pay at the same average that the employee would have received had he/she been working during the same period of time.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Employment Lawyer: socrateaser, Lawyer replied 8 months ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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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).

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