Can a employer not pay vacation hours earned?

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Can a employer not pay vacation hours earned?

My employer started a bi-weekly pay period. The day before my vacation started. I Mentioned to my employer I was counting on being paid the first week this policy started, due to prior arrangements to leave on vacation. He said OK you will get your vacation pay on the week prior check. It came around and no funds were there. I spoke with my manager and he was able to give me cash and handed me a paper to sign. 2 weeks later expecting a 2 week pay check I observed a deduction from my regular worked hrs not my vacation pay. 30 days later no money and shut off notices. What can I do?

Asked on August 20, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your employer has a policy (written or oral) where employees earn so much vacation time per each month of work earned you are entitled to this vacation time off work with pay if earned under California law.

For example, if your employer gave you one-half vacation days with pay for every month of work you do and you have worked six months, you are entitled to three vacation days off of work with pay.

If you are not getting your earned vacation pay, you need to speak with your supervisor about the situation and why you seemingly did not get paid for earned vacation time. If the explanation is unacceptable, you should contact your local labor department about the problem.

Good luck.


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