How does vacation accruals work for salaried employees

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How does vacation accruals work for salaried employees

My company has recently switched to
acrued vacation time. I work minimum
50hrs week and most times more. My
manager just informed me that my
acruals max out at 40hrs weekly. Is this
legal. Shouldnt i accrue for every hr
worked.

Asked on February 21, 2019 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Vacations are not required by law: employers don't even need to provide any vacation time if the don't want to. There are no laws about how vacation is accrued: it's up to the employer. Because vacation time is 100% discretionary for employers, they get to decide how it is accrued, and so can cap the weekly hours considered for accrual at 50 if they want.
Also, bear in mind that that as a salaried employee, you don't get extra compensation for working more than 40 hours per week. Your hours are, in essence, not counted.


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