Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

can employers withold vacation pay from you? New Jersey

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • can employers withold vacation pay from you? New Jersey

    i just went on vacation last week and was told that i was going to get paid for it before I left. I just came back this week and now I am being told that I won't receive my vacation pay until the end of the year. I am a hourly employee and i have been with my company for two and a half years... and I've never received any vacation days in the past. Also, I've worked government holidays, and were never paid for them, is that legal also??? Can employers decide whatever they feel like? Is it legal for an employer to not state anything about vacation, paid holidays, or any type of employee benefits? It's just not right !! Please help!
    Last edited by sjmendoza; 07-11-2006, 04:06 PM.

  • #2
    There is no law in any state requiring employers to be provided with paid vacations or holidays off; nor are you required to receive any premium pay for working on a holiday. The employer does not have to tell you what they are not going to provide.
    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.

    Comment


    • #3
      unpaid vacation leave NEW JERSEY

      Originally posted by cbg
      There is no law in any state requiring employers to be provided with paid vacations or holidays off; nor are you required to receive any premium pay for working on a holiday. The employer does not have to tell you what they are not going to provide.
      i am an hourly employee in a small private company (less than 15 employees). i went on 1 day leave (with permission) on july 3 monday and returned on wed july 5. july 4 being a holiday, our company was closed. afterward, i was told that i won't get paid for this leave since there is a standing policy that vacation leave taken a day before a holiday will not be paid. i was flabbergasted since any of the employees including myself has never heard nor read of this company policy. i insist of getting paid for this leave since i still have remaining vacation leave credit. is my employer right on this matter?

      Comment


      • #4
        Actually, policies about taking time before and after holidays are not all that uncommon as employers feel that they help ensure, for example, that the workplace will not be deserted on the Friday before a three-day weekend. In view of the fact that there is no law requiring the employer to provide you with paid vacation time to begin with, it follows that any vacation you receive is at the discretion of the employer and the employer can set policies for its use. You can certainly appeal to the employer's sense of fair play to see if you will get paid for that date since there seems to have been some confusion.
        I am not able to respond to private messages. Thanks!

        Comment


        • #5
          Your employer is within their rights on the matter. The law neither requires nor prohibits the practice you describe, and it is not uncommon. You have no legal expectation of being paid for time you did not work, holiday, vacation, sick, personal or whatever time. Since you have no legal expectation of being paid for the time, their lack of a written policy on the matter is irrelevant.

          The above assumes that you are a non-exempt employee. If you are exempt, please post back because the answer is different in that case.
          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.

          Comment


          • #6
            paid vacation

            thanks for the replies. i am more enlightened now. but what is a non-exempt and an exempt employee anyway? i am paid on an hourly basis or the numbers of hours i am in for work. which am i by the way?

            Comment


            • #7
              Unless you are a doctor, lawyer, teacher or some limited form(s) of computer professional, if you are paid hourly you are 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.

              Comment


              • #8
                Exempt

                I think you are saying salaried employees are exempt. What are the differences in legal standing of exempt employees as to vacation time?

                Comment


                • #9
                  Originally posted by hcir View Post
                  I think you are saying salaried employees are exempt. What are the differences in legal standing of exempt employees as to vacation time?
                  No, thats not what cbg is saying. Salaried or hourly is just a pay method. A company can have a non-exempt employee on a salary, but they are still subject to overtime if they work beyond 40 hours. As to your other question, re-state it, it isn't making any sense.
                  Somedays you're the windshield and somedays you're the bug.

                  Comment


                  • #10
                    An exempt employee has no special standing with regards to vacation time. Vacation time was not what I was referring to when I told the OP that the answer would be different for exempts.

                    I had told the other poster that they did not have to be paid for any time they did not work, including holidays. An exempt employee cannot be docked for a day when the company is closed, such as a holiday, unless they did no work for the entire week. So in the situation described, they could still be docked for July 3 and July 5, but not for July 4. IF they were exempt, which, frankly, does not sound likely.

                    Exempt and salaried are not synonyms for each other.
                    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.

                    Comment

                    The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                    Working...
                    X