When can my employer require that I lose my vacation pay?
The answer is usually never. Under California labor law, when a worker leaves his or her employment, all vested vacation pay must be paid out at the final rate of pay in accordance with the employer's vacation policies. Along these same lines, an employer cannot have a "use-it-or-lose-it" policy under which an employee forfeits accrued vacation time if not used by an anniversary date. On the other hand, an employer can cap or limit the amount of vacation time accrued.
Los Angeles Attorneys
Some employers can skirt the strict California law on vacations by establishing a funded vacation plan under the federal ERISA laws. However, some of these employers do not have vacation plans that comport with the requirements of ERISA, and therefore they are in blatant violation of ERISA law. Obviously, an employee would need the assistance of an attorney to determine the official ERISA status of an employer.
If you need experienced representation by an attorney who will fight passionately for your rights, please contact Mr. Kaufman at 818-990-1999 or Email Here.
About Kaufman Law Firm
litigating on behalf of thousands of employees
The Kaufman Law Firm is a California labor law firm that's dedicated to representing employees in disputes against their employers regarding the ERISA and vacation pay laws. Matthew A. Kaufman is an experienced labor lawyer and has had numerous trials, arbitrations, and appeals, and has litigated on behalf of thousands of employees. He's recovered millions of dollars on behalf of clients in more than 100 class action lawsuits.
Mr. Kaufman has represented workers in state and federal court and in administrative proceedings before the California Labor Commissioner. A determined and aggressive lawyer, his cases include individual disputes and class action lawsuits. He is based in Sherman Oaks, CA and serves greater Los Angeles, Orange County, Ventura County and has cases statewide.
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