Legal Question in Employment Law in Florida

the florida company I work for as of June 1st. reduced the vacation rate from $38.00 per hour to $12.00 per hour due to business conditions. Prior to June 1st. I had approx. 200 hours of vacation time accrued. they are telling me that the rate change is retroactive and now those 200 hours will be paid at the $12.00 per hour rate. There were also months prior to June 1st. that we were not allowed to take vacations so I was not allowed to use any of my accrued hours. They also admitted that they had know a month or two prior to June 1st. that they were going to reduce the rate of vacation pay but did not announce it until a week before June 1st. in fear that employees with accrued hours would all take vacations prior to june 1st. in order to capture the higher pay rate and then put the company in a bind regarding employees needed to run the business????? Are my accured hours protected at the higher rate? and is this ethically legal? thank you


Asked on 7/25/09, 9:08 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

You are not entitled to any paid vacation by law. However, the employer is bound by a contractual obligation to you. If the policy is in writing, then the employer probably cannot change the policy without written notice. If they are not denying you paid vacation, but only changing the rate at which the vacation will be paid, you will need to find in writing somewhere that entitles you to the higher rate. There is no legal right to be 'grandfathered in' at the higher rate, but if the issue was litigated, an attorney would find equitable grounds to claim that you are entitled to the higher rate.

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Answered on 7/26/09, 10:21 am


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