Legal Question in Employment Law in California
I have earned vacation time at my job but have not been able to be paid for it. I will take a vacation day in one week, and work 32 hours or less. Then if there is overtime the next week (in the same 80 hour pay period), they won't pay me for vacation. For example, last week I worked about 27 hours and I took a day off. This week I worked 53 hours, putting me at 80 hours for the pay period. I therefore can't use any of my vacation time. Is this legal?
Asked on 1/26/10, 1:57 pm
1 Answer from Attorneys
Terry A. Nelson
Nelson & Lawless
If you believe you have not been paid in full for time or OT, you can file a claim with the local Labor Commissioner's office. They can investigate and take action for you if appropriate..
Answered on 2/01/10, 11:37 am