Ferraro Vega Employment Lawyers is committed to defending California workers who aren’t being paid what they were promised. That includes the refusal to pay employees for their vacation time and for unused vacation time. If this has happened to you and you want to know how to hold your employer financially accountable, contact us today for a free consultation.
Do I Need an Employment Lawyer to Recover Vacation Time Pay?
You may return from a vacation and find that your days off weren’t paid as promised. You may be leaving your position for another job and find that your unused vacation isn’t being reimbursed in your final paycheck.
In some cases, companies have made a payroll error. If the payroll office is trying to fix these issues, then you may not need a lawyer’s help with your case. But if your employer appears to be ignoring your complaints or decides not to pay you what was promised, you may need legal assistance.
You may benefit from turning your case over to a California Unpaid Wages Lawyer in the following circumstances and more:
- If the vacation reimbursement you are owed is substantial
- If coworkers are having the same problems with vacation time
- If your employer indicates a desire to fight your claim
- If you’ll be facing the employer’s lawyers
- If you feel you may have to go to court to earn justice
- If you feel your job may be in jeopardy for reporting your vacation pay issues
- If you want to earn every penny that you are owed, and in some cases, even more
Vacation Time and PTO Rules for California Workers
California workers put in a lot of hard work to earn their paychecks. And as a reward, some companies offer them vacation time and PTO (paid time off). Vacation time and PTO would generally be prescheduled days off that the employee still gets paid for. PTO is usually a combination of vacation and sick days.
Companies are not forced to offer vacation time in California, but those that do have to follow state laws and uphold the guarantees promised in their work contracts.
In California, paid vacation days are considered a part of the worker’s wages, and certain guidelines must be followed.
As far as state labor laws go, California’s Department of Industrial Relations (DIR) forces employers to provide these assurances to workers:
- Paid vacation time cannot expire.
- Paid vacation time is considered wages.
- Vacation time cannot be denied by an employer based on the employee’s status as part of a protected class. For example, an employer cannot exclude employees from paid vacation time based on their race or gender.
- Any unused vacation time must be paid when the employee leaves the company. Employees who are fired must still be paid for their leftover vacation days.
- A final paycheck must have remaining vacation days prorated daily and must be paid at the final rate of pay in effect as of the date of the separation.
- The handling of PTO must generally follow these same guidelines, and workers quitting their jobs must be reimbursed for the PTO they haven’t used.
There are some other restrictions that companies providing vacations can implement:
- Employers can cap the amount of vacation time employees can build up.
- Employers can decide how vacation is accrued. It might be built up day by day, by week, or by pay period.
- Employers can mandate when employees can schedule vacation time and how many workers can take off at any one time.
- Employers can decide who receives vacation time, so long as it is not discriminatory against a protected class based on factors like age, race, religion, or gender.
It’s common for companies to provide vacation days to full-time employees, but not part-time employees.
Contact a California Unpaid Vacation Time Claims Lawyer Today
If your employer isn’t reimbursing you for all your vacation time, you have legal rights that need to be protected. At Ferraro Vega Employment Lawyers, we’re here to help you make sure you get compensated. We take up the fight until you receive what you are owed.
At the same time, we safeguard your job security and shield you from any retaliation. Our team knows the city, state, and U.S. labor laws and will work hard to hold your employer accountable. Don’t wait–contact us today for a free consultation.