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Mixing vacation with overtime California California California

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  • Mixing vacation with overtime California California California

    Hello,

    I am an hourly employee in California. I accrue 3 weeks paid vacation annually and I've been working a lot of overtime lately.

    Recently I worked overtime and took vacation in the same pay period. To make it simple, let's say I worked three eight-hour days, one twelve-hour day and took one vacation day. Should be 32 hours of regular pay, four hours of overtime and eight hours of standard vacation pay.

    My employer paid me for 32 hours of regular pay, four hours of overtime and four hours of standard vacation pay, stating that I could not take vacation pay that would push the "total hours"over 40 in the week.

    This seems wrong to me and I can't find anything in the California labor laws. I'm not asking for the vacation time to be overtime, I just want to be paid for the overtime I worked and also be able to collect my vacation time. Any input would be appreciated!!!

    Brandon

  • #2
    They paid you correctly for hours worked and overtime. Generally any actual PTO pay is going to depend on the employers written policies. As long as they only took 4 hours out of your PTO bank and left you with the other 4 hours, that is. In CA, your PTO is earned and payable on termination so that 4 hours should still be yours, just possibly not right now - they only time I can find that they must pay it is in a termination situation. In most states, that 4 hours overtime wouldn't count as overtime but regular hours so you are better off in CA than in most states.



    From CA DLSE https://www.dir.ca.gov/dlse/faq_vacation.htm :
    6.
    Q. Can my employer tell me when to take my vacation?

    A.Yes, your employer has the right to manage its vacation pay responsibilities, and one of the ways it can do this is by controlling when vacation can be taken and theamount of vacation that may be taken at any particular time.

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    • #3
      Agreed. Overtime is based on hours actually worked, and there is nothing in federal or CA law which counts vacation/PTO as hours worked.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        Thanks for your input. Consider that vacation time was approved, I took it, then worked the overtime. I just have a problem with the fact that I'm not allowed to collect it as I wish, during pay periods where there was overtime. I know he's trying to cut the huge paychecks, but it's making overtime far less attractive to the employee.

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        • #5
          Originally posted by 1propnut View Post
          Thanks for your input. Consider that vacation time was approved, I took it, then worked the overtime. I just have a problem with the fact that I'm not allowed to collect it as I wish, during pay periods where there was overtime. I know he's trying to cut the huge paychecks, but it's making overtime far less attractive to the employee.
          Some people would like the idea of saving their vacation time for a future date. Check your handbook (if you have one) as there may be a policy about only paying vacation so that your check is whole (40 hours).

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