The wage and hour attorneys working with Class Action.org are available to review claims from employees in California who were not paid for unused vacation time at year’s end or upon termination. According to California labor laws, vacation and paid time off are considered earned wages, rather than gifts or gratuities, and cannot be taken away once earned. Therefore, use it or lose it vacation policies are illegal under California vacation pay law, and employers must pay all earned but unused vacation pay to employees upon termination or voluntary separation. If you have been denied compensation for your unused vacation days, visit http://www.classaction.org/california-use-it-or-lose-it-vacation-policy.html to learn your legal rights.
Vacation pay is voluntary in California, as there is no labor law which requires employers to offer paid time off to employees. An employer who elects to offer vacation time as a fringe benefit, however, must comply with California vacation pay law which contains two major provisions. First, when an employee quits or is fired, the employer must pay the worker for any earned but unused vacation days. Vacation time is accrued proportionately as labor is rendered and workers are entitled to a proportionate share of vested vacation pay. For instance, if a company allows ten days of vacation after one year of employment, an employee who is terminated after working for six months must receive five days of vacation pay.
Additionally, California
vacation pay law protects earned vacation time from forfeiture, thereby making
use it or lose it vacation policies illegal. Floating holidays and PTO days may also be considered vacation days and must be treated as such, as long as the time is to be used for personal reasons and can be scheduled at the employee’s convenience without any limitations. Sick days and holidays are not considered vacation time; however, sick days which are part of a general leave or PTO plan cannot be forfeited at year’s end and must be paid upon termination or voluntary separation.
California employees who were not paid for
unused vacation days may be able to participate in a wage and hour lawsuit to recover monetary damages. To find out if you are entitled to compensation for your unused vacation days, visit http://www.classaction.org/california-use-it-or-lose-it-vacation-policy.html and complete the free case evaluation form at the bottom of the page. The wage and hour lawyers working with Class Action.org are offering this initial consultation at no cost and are dedicated to protecting the rights of employees who were subjected to illegal vacation policies.
About Class Action.org
Class Action.org is dedicated to protecting consumers and investors in class actions and complex litigation throughout the United States. Class Action.org keeps consumers informed about product alerts, recalls, and emerging litigation and helps them take action against the manufacturers of defective products, drugs, and medical devices. Information about consumer fraud issues and environmental hazards is also available on the site. Visit http://www.classaction.org today for a no cost, no obligation case evaluation and information about your consumer rights.
