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Company shutdown in florida 'forced' vacation [??]

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  • Company shutdown in florida 'forced' vacation [??]

    The company I work for in Florida has a policy of shutting down operations during certain times of the year due to low-traffic causing a lack of revenue, (This is NOT due to hurricane affect. For that, we actually got paid. The policy is enforced at other locations which are off-state as well). Downtime amounts to 10 weeks or so. We are given the option of using our accumulated vacation and personal time to compensate salary-wise or go pay-less. Vacation time has to be accumulated progresively. The end result is a lot of unpaid time off. This is a large corporation from out of state. The policy is company wide. No one, as far as I know, is ever told of this practice until after hire, including myself. It is not outlined in writing in any of their documentation. How legal is this in florida? I question both the 'forced' vacation paid/unpaid time and the lack of disclosure during hire.

    p.s. My apologies if this was posted to the wrong forum.
    Last edited by pedroanda; 04-25-2006, 06:27 AM. Reason: possibly wrong forum

  • #2
    It's perfectly legal, although it's unfortunate prospective employers are not told about this ahead of time.

    If you are an exempt employee, you must be paid your full weekly salary for any workweek in which you perform any work at all (with limited exceptions, which don't really apply here). If the company "shuts down" for any portion of a week in which you worked part of that week, they may legally charge your PTO or personal bank but still must pay the entire weekly salary, even if you are out of PTO time. If the company is closed for the entire workweek and you perform no work, the law does not require you be paid your weekly salary, although the company can legally, as in the prior situation, charge your PTO to the extent available.

    If you are a nonexempt employee, you legally only have to be paid for the hours you work; if the employer's policy is that PTO time be used to make up the difference to the extent it is available, they may do so without your assent.

    As there are no requirements that paid time off benefits even be offered, and there is no federal law nor Florida law regulating such benefits, the employer may set the standards for usage and payment as they see fit.

    Having said all this, they must have a terrible time keeping "regular, full-time" employees.
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    • #3
      BTW, this is not only legal in Florida, it is legal in all 50 states with the possible exception of CA (and I say that only because CA law is so convaluted that I'm leaving myself a loophole).
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Thank you for the prompt reply.

        Very informative. Thank you. And yes, they do have a very hard time keeping people around...

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