Legal Question in Employment Law in New York
Changed pay period and vacation policy due to acquisition
The company for which I work was acquired more than a year ago. Recently our group (what was left of our old NY based company) was made a division of the NJ office of the parent company.
During the transition the NJ office withheld a paycheck in order to ''get us on the same pay cycle'' (I.e. not paid in advance of timecard, but as the timecard is submitted)
At the same time the NJ office changed our vacation policy reducing the total paid leave time by about 60 hours per year. In cases where the employee - like myself - has already used the vacation time for the year this results in a deficit that we now have to accrue to rectify.
I suspect that in the case of the vacation time that reducing the time given and having us pay it back is leagally questionable. Is that correct, or is it just plain illegal?
In the case of the timecard, paycheck and pay period change is there any violation there (other than it not being convenient)?
1 Answer from Attorneys
Changed pay period OK. Vacation policy change OK but should be implemented after
Changed pay period OK. Vacation policy change OK but should be implemented after fiscal year ends. No one should have to payback time used under old policy and those with unused should have outstanding time added to bank for balance of fiscal year.
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