Can a company calculate your average quarterly hours by 14 weeks when there are only 13 weeks in a quarter

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a company calculate your average quarterly hours by 14 weeks when there are only 13 weeks in a quarter

my company offers vacation pay to employees that work 36 or more hours a week and calculates avg hrs worked for quarter by 14 weeks

Asked on April 19, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Companies do not have to provide vacation days in the first place--the law does not mandate vacation. Since it is is voluntary on the part of employers to provide vacation, they are free to set the rules for how it is earned, accrued or calculated. So they can use 14 weeks/quarter if they like, rather than 13.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption