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Forced vacation California

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  • Forced vacation California

    Our company closes for the Christmas Holiday for 2 weeks and we are forced to take holiday because the office closes- is this legal?

    If I haven't accured enough PTO does the company have to pay me, or is it unpaid leave?
    thanks for the help.....

  • #2
    Our company closes for the Christmas Holiday for 2 weeks and we are forced to take holiday because the office closes- is this legal?

    It is absolutely legal and not even all that uncommon.

    If I haven't accured enough PTO does the company have to pay me, or is it unpaid leave?

    That depends on whether you are exempt or non-exempt.
    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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    • #3
      How about for both exempt and nonexempt

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      • #4
        If nonexempt, the company need not pay you unless state law or company policy requires pay.

        If exempt, the way I read the regulation, the company still need not pay you if the "break" is for entire workweeks and you do not do any work. 29 C.F.R. section 602 says, "Exempt employees need not be paid for any workweek in which they perform no work." But, right after that, the regulation forbids "deductions . . . made for absences occasioned by the employer or by the operating requirements of the business." It may be unclear how those two sentences intersect, but on balance I think salary can be docked for entire workweeks, even if occasioned by the employer or by the operating requiremetns of the business.

        I don't know if the IWC Wage Orders in California may yield a different answer.

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        • #5
          You should receive unemployment benefits(if you file) minus the waiting week if applicable.
          I have been interested in employment rights for some time, however I am not a lawyer. Always consult with an attorney, as they are more knowledgeable.

          Comment

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