Legal Question in Employment Law in California

I worked for a security company and accrued 137 hours of vacation time. The company went under and is now a diffrent company. The new company refuses to pay any accrued vacation time, but suggested that we use all of it this year, or lose it next year. How do I go about getting paid for the accrued vacation hours.


Asked on 3/16/10, 8:47 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello.

Generally, "use it or lost it" vacation pay policies are illegal. Because vacation pay is a form of wages for services rendered, a proportionate right to a paid vacation "vests" as the labor is rendered. Once this right is vested, the right is protected from forfeiture by Labor Code section 227.3. The employer may buy back the accrued and unused vacation, but must do so at the regular rate of the employee's pay. I believe you should bring this to the attention of your HR and if this doesn't help, consider discussing this with an attorney and/or bring a claim with the labor board.

Thanks, and feel free to follow up.

Arkady Itkin

San Francisco & Sacramento Employment Lawyer

http://www.arkadylaw.com

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Answered on 3/21/10, 9:28 pm


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