Legal Question in Employment Law in California

I live in California and I work from my home. The company I work for moved from California to Utah, and gave me as well as a few others the option to work from home.

Now this is the tricky part that I hope someone can help me with. I recently found out (just the other day!) that the company had told me that I will not get paid for any vacation time I do not use. It also does not roll over. They told me it is a "use it or lose it".

Under California law, a "use it or lose it" policy cannot apply. People who are provided vacation time by their company must be compensated by pay for unused vacation time if it does not roll over next year. Now the tricky part is... does this law still apply if the company I work for is located in Utah, but I'm in California?


Asked on 10/29/13, 6:19 pm

2 Answers from Attorneys
Kristine Karila Law Office of Kristine S. Karila

If you work within CA, CA law applies and you are correct: CA law is that when an employee earns vacation time, it vests and cannot be forfeited. Call an employment law attorney to discuss.

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Answered on 10/29/13, 8:36 pm

Kristine is correct. Place of employment determines what labor laws apply, not location of the employer's main office.

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Answered on 10/29/13, 9:18 pm


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