Is it legal if my boss makes me take a vacation time when I have to go on sales calls to a customer site because that is not performing admin duties?

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Is it legal if my boss makes me take a vacation time when I have to go on sales calls to a customer site because that is not performing admin duties?

I perform (2) jobs at the same company – train the new admin which is paid salary and sales which is paid full commission. I have vacation time owed to me before my salary position is done.

Asked on July 24, 2015 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, if you are going on a sales call, you are working: while it is legal to pay you for that time commission only (subject to you overally being paid at least minimum wage for the week, based on the number of hours total you worked), you may not be made to use a vacation day for performing work or work travel. 

That said, if the employer will not see reason and makes you use a vacation day, the only way to get compensation for it would be to sue your employer and win. Lawsuits cost money (though not much if you represent yourself "pro se", take time, and will obviously affect the relationship between you and your employer; the employer may terminate you for suing it, for example). Therefore, it be difficult or impossible to vindicate your rights while employed. You may wish to seek other employment, then after you have a new job, look into suing to recover the value of the vacation days you were forced to improperly use.


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