Labor law question about forced vacation/PTO?

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  • Labor law question about forced vacation/PTO?


Answer #1 | 19/12 2013 12:51
Perfectly legal. The company can shut down for a day and not pay you or you can use PTO. You have no say over whether you can go to work in this instance - the company is closed. This opinion has been upheld by the Wage and Hour Division of the Department of Labor: “Since employers are not required under the FLSA to provide any vacation time to employees, there is no prohibition on an employer giving vacation time and later requiring that such vacation time be taken on a specific day(s). Therefore, a private employer may direct exempt staff to take vacation or debit their leave bank account […] whether for a full or partial day’s absence, provided the employees receive in payment an amount equal to their guaranteed salary.”
Answer #2 | 19/12 2013 13:55
Unless you are in California, it's completely legal. In California, most employers interpret the additional California law requirements to be that you are paid a full week as an exempt employee whether you work 1 min or 167 hours. Now, if you read this, it says the word "interpret", so if your employer interprets the law differently are you going to fight them on it or deal with it? I'd probably deal with it. The reason, California is at will state and you can be let go for any reason at any time. You might get the vacation day paid as holiday and end up without a job.

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