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Non Mgr Salaried in Va Forced Vacation Leave Virginia

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  • Non Mgr Salaried in Va Forced Vacation Leave Virginia

    I am a non management employee, I think I am salaried yet I must report hours each week and have an hourly rate reference in my paycheck, so perhaps I am really/also hourly ?

    Anyhow, the > 120,000 employee international corporation I work for sent out a last minute email today, it states the VP of our ops will create a list of "mission critical" employees and that "all others" will be force to use their vacation hours and take a mandatory unscheduled vacation for the last two weeks of December going into the first two days of January.

    For those employees that do not have the vacation hours, they will be allowed to take it anyhow and accrue a negative balance in their vacation hours.

    The company is world wide, I am in Virginia, we have no contract and employment is "at will".

    Is this legal to do, can your company force you to take an unscheduled vacation thereby depleting your vacation bank that you have built up and planned to use in other ways ?

    They cite "current global economic crisis" as the reason, this company is publicly traded on the big boards and is very well known to the public, should I also be concerned as an employee/investor with this sudden and unprecedented demand to take forced vacation ?


  • #2
    "Salaried" and "hourly" are merely pay methods. Many payroll systems require standard hours for all employees, exempt status not withstanding. Means nothing legally. If you're non-management, it's likely (although not impossible) that you are nonexempt, i.e. eligible for overtime pay.

    The employer is required to keep an accurate record of hours worked for nonexempt employees; however there is no law that prohibits the employer from requiring hours worked records for exempt employees as well, as long as their pay is not based on such hours (with very limited exceptions).

    Yes, they may do that. And, if you are nonexempt, you're fortunate (depending on how you look at it, I guess) that they are even allowing you to "go negative"; otherwise you would be without pay for that period of time.

    If you truly are exempt, you do not have to be paid for any workweek in which you do no work, even if that is caused by the employer.

    The economy aside, if they are allowing borrowing of next year's vacation, they aren't really saving anything.
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