Can employer pay you base pay for vacation hours

Work 3rd shift full time for 3
years.When I use my vacation time
they don’t pay for shift
difference. Is this legal in

Asked on March 12, 2016 under Employment Labor Law, Wisconsin


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Vacation pay is not legally mandated. That means that an employer need not provide it. Therefore, to the extent that it does, the employer has a great dal of say in when it can be used and how it is calculated. Accordingly, using base pay to cover vacation hours is legal. The fact is that in "at will" employment, a company can set the conditions of work much as it sees fit. The only exceptions would be in a worker's treatment constitues some form of legal discrimination, or if it violates the terms of an employment contract or union agreement.

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