Legal Question in Employment Law in California

Exempt mandatory vacation:

In an attempt to reduce expenses, all exempt employees with an accrued balance of 10 or more days vacation as of March 31, 2010, will be required to take 10 days of vacation between November 2009 and fiscal year end March 31, 2010. The time off does not have to be taken all at once; you may elect to break up the 10 days throughout this time frame.

In addition, all exempt employees with an accrued balance of 15 or more day�s vacation as of March 31, 2010, will be required to take 4 additional days of vacation between November 2009 and fiscal year end March 31, 2010. While it is not mandatory, we would prefer you to schedule vacation time during the scheduled plant shutdown for non-exempt employees. During this period pay in lieu cannot be considered.

Please submit an Employee Status Change to your manager for approval and regular processing by March 1, 2010. Anyone that does not submit by this date will have their days off scheduled by their manager within the month of March 2010.

Is this legal in California (I�m exempt).

Thank you


Asked on 1/27/10, 9:39 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

"Legal"? Of course.

Employers are entitled to set and change hours, duties, titles, compensation, benefits, etc. Employees have the 'right' to pay and employee benefits per the law and company policy as agreed. In general, unless you are in a union or have a written employment contract, you are an 'at will' employee that can be disciplined or fired any time for any reason, other than illegal discrimination under the Civil Rights, or Whistle-blower, or similar statutes. Your goal should be to keep your employer happy with you.

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Answered on 2/01/10, 12:47 pm


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