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CA exempt billing employees with non-specific vacation policy

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  • M3 Pete
    replied
    Originally posted by Sue
    Upon a little more research, I did want to mention that if there is any type of employment contract that states differently than the law, it is enforcable as long as it does not involve forfieture of your vacation time accrued.

    As you well know from being a lawyer, contract interpretation is best left to a lawyer
    Ask two lawyers what a contract means and you'll get two different answers. And here the policy appears to have had attorney input so that it falls between the bright lines.

    I appreciate the followup as to contracts, but as we determined from the outset, we can't figure out what has accrued, so we can't figure out if it's forfeited. The key is whether a paid vacation policy must include a type of accrual, so that it does not circumvent such forfeiture. Put that way, it seems like an easy answer, right?

    Leave a comment:


  • Sue
    replied
    Originally posted by M3 Pete
    The DLSE manual does not address the precise situation, but it helps, thanks for the direction. I will give the state a call, and let you know.

    In order to get the best answer, would I call the local DLSE office, the San Francisco headquarters, or go to Labor Commissioner Donna Dell?
    Upon a little more research, I did want to mention that if there is any type of employment contract that states differently than the law, it is enforcable as long as it does not involve forfieture of your vacation time accrued.

    As you well know from being a lawyer, contract interpretation is best left to a lawyer

    Leave a comment:


  • Sue
    replied
    Originally posted by M3 Pete
    I will give them a call, and let you know.

    In order to get the best answer, would I call the local DLSE office, the San Francisco headquarters, or go to Labor Commissioner Donna Dell?
    I would try your local office and go from there, most likely contacting all for best results.
    Best wishes.

    Leave a comment:


  • M3 Pete
    replied
    The DLSE manual does not address the precise situation, but it helps, thanks for the direction. I will give the state a call, and let you know.

    In order to get the best answer, would I call the local DLSE office, the San Francisco headquarters, or go to Labor Commissioner Donna Dell?
    Last edited by M3 Pete; 02-15-2005, 02:31 PM.

    Leave a comment:


  • Sue
    replied
    Originally posted by M3 Pete
    thanks for the response.

    I agree that under the policy it would be difficult to determine how much has "accrued." So perhaps my first question is the only one that can be answered. From the source you provided:

    Q. How is vacation earned?


    A. In California, because paid vacation is a form of wages, it is earned as labor is performed. An employer’s vacation plan may provide for the earning of vacation benefits on a day-by-day, by the week, by the pay period, or some other period basis.


    A more refined question is: does CA law require a paid vacation policy, if one is provided, to specify how much vacation accrues on a period basis?

    I understand that there is no requirement to provide paid vacation, but I'm wondering if the policy is a subterfuge to circumvent vacation pay at termination, while providing paid vacation to continuing employees.
    I understand your question. It is possible that there is some legality involved as far as the vacation being required to be based on some type of "period" basis.

    I do think a call to the California Labor Board would be in order.

    Leave a comment:


  • LConnell
    replied
    Vacation

    Page 58 of the following link may help you: http://www.dir.ca.gov/dlse/DLSEManua...enfcmanual.pdf I would suggest that you call the state to learn the definitive answer. Let us know so that we can assist others should they have a similar question.

    Leave a comment:


  • M3 Pete
    replied
    Originally posted by Sue
    Since there is no specified amount of time you have accrued, then there is no way to know how much you have "earned."

    Please visit this site for more details on Vacation in California laws.
    http://www.dir.ca.gov/dlse/FAQ_Vacation.htm

    "There is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time. However, if an employer does have an established policy, practice, or agreement to provide paid vacation, then certain restrictions are placed on the employer as to how it fulfills its obligation to provide vacation pay."
    thanks for the response.

    I agree that under the policy it would be difficult to determine how much has "accrued." So perhaps my first question is the only one that can be answered. From the source you provided:

    Q. How is vacation earned?


    A. In California, because paid vacation is a form of wages, it is earned as labor is performed. An employer’s vacation plan may provide for the earning of vacation benefits on a day-by-day, by the week, by the pay period, or some other period basis.


    A more refined question is: does CA law require a paid vacation policy, if one is provided, to specify how much vacation accrues on a period basis?

    I understand that there is no requirement to provide paid vacation, but I'm wondering if the policy is a subterfuge to circumvent vacation pay at termination, while providing paid vacation to continuing employees.
    Last edited by M3 Pete; 02-15-2005, 02:00 PM.

    Leave a comment:


  • Sue
    replied
    Originally posted by M3 Pete
    My California law firm has a vacation policy for associate attorneys that essentially says: bill the minimum number of annual hours, don't let it interfere with your work, and you can take as much vacation time as you want. Associate attorneys are exempt employees, they get paid a set salary no matter how much they work.

    Two questions:

    Is this a legal vacation policy in CA? There are no accrual terms (it does not say you have to bill all the annual hours prior to taking vacation), yet the attorney will be paid during all time taken.

    Assuming that the policy is legal, if an attorney has taken only about one week's vacation in two years, is the employer with this policy obligated to pay any vacation time to the employee when they are terminated?

    thanks!
    Since there is no specified amount of time you have accrued, then there is no way to know how much you have "earned."

    Please visit this site for more details on Vacation in California laws.
    http://www.dir.ca.gov/dlse/FAQ_Vacation.htm

    "There is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time. However, if an employer does have an established policy, practice, or agreement to provide paid vacation, then certain restrictions are placed on the employer as to how it fulfills its obligation to provide vacation pay."
    Last edited by Sue; 02-15-2005, 01:47 PM.

    Leave a comment:


  • CA exempt billing employees with non-specific vacation policy

    My California law firm has a vacation policy for associate attorneys that essentially says: bill the minimum number of annual hours, don't let it interfere with your work, and you can take as much vacation time as you want. Associate attorneys are exempt employees, they get paid a set salary no matter how much they work.

    Two questions:

    Is this a legal vacation policy in CA? There are no accrual terms (it does not say you have to bill all the annual hours prior to taking vacation), yet the attorney will be paid during all time taken.

    Assuming that the policy is legal, if an attorney has taken only about one week's vacation in two years, is the employer with this policy obligated to pay any vacation time to the employee when they are terminated?

    thanks!
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