09-07-2008, 11:52 PM
i have worked for my current employer for 4 years now.i have been full time for about a year a half.i have recently gotten a new job and i gave my employer a 3 week notice.i have 58 hours of vacation time that i havent used.my employer does not have a policy manual that we can see.the last copy that i saw of the manual regarding vacation just said they only paid it if required by state law once you left.in wv should i get paid for my vacation?i am seeking help because i know they are going to try and fight all ways possible to not give me the pay.also this employer does not give any breaks or lunch's.i usually work 8 hours sometimes 9.also during the day shifts as managers we are the only ones there so we can not even go to the bathroom unless we run between customers.is any of this illegal?also would any of it be worth persuing legally?any help on these issues would be greatly appreciated with the vacation time being the main issue.thanks
09-08-2008, 04:23 AM
My reference shows that a meal period of at least 20 minutes is required by WV law if the employee works at least 6 hours. I don't know if that applies to exempt employees (which I'm assuming you are, as a manager) as well, though. Often such requirements apply only to nonexempt. WV law does not require rest breaks.
My reference also shows that there is "no provision" in the law that specifically requires payout of accrued vacation at termination. However, it also says that "vacation is considered a fringe benefit, which is included in the definition of wages". If you don't get it with your final pay, you can always file a claim with the state DOL and get their determination; maybe it works, maybe it doesn't, but it would take nothing but a little of your time.
09-08-2008, 10:30 PM
ok i will do that if they dont pay it out which i am sure they will not.i am actually not an exempt employee because i am the assistant manager i am still hourly and i also worked for the company as an hourly non managment position for 3 years at an average of 30-35 hours a week at the position. also did not get breaks.we are told that we can eat in between customers but have no actual set time to be able to eat.i was under the impression that after you work for 6 hours you are entitled to a lunch period ,unpaid but that it must be undisturbed.this would be impossible being that there is only one manager on duty and manager authority is needed for many things when are working with another person not to mention the times when we work alone during the day and dont even have time to be able to use the bathroom in 8 hours.
09-10-2008, 12:29 PM
are the 20 minute breaks suppose to be paid or unpaid?if they are unpaid them obviously it wouldnt be worth doing anything because im sure u couldnt file a claim to recieve back nonpayment.if they are paid then again it would be hard to prove you never got them because you were never clocked off.
09-11-2008, 05:04 AM
No state requires PAID meal breaks as a matter of law. California is the only state of which I am aware where there is a penalty paid to the employee if the meal break is not provided. Reporting it may help other employees, though.