failure to pay vacation time

lost vacation days or personal time off because you didn’t use them all by the end of the year?

In California, use-it-or-lose-it vacation policies are illegal. Personal days fall under this law, as well. When you leave a job, your employer is legally required to pay you for your accrued but unused vacation and personal time, as well as all other wages and compensation, earned. On the other hand, an employer can cap or limit the amount of vacation time accrued.

California Vacation Laws – ERISA Lawyers

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 California law. An employee would need the assistance of an attorney to determine the official ERISA status of an employer.

Getting Back what you are owed

Your unused Personal Time Off (PTO) hours are a precious source of income. If your employer is keeping your PTO hours from you, contact the experienced attorneys at Yoon Law, APC. Our excellent team of attorneys, well-versed in employment law, is standing by to answer your questions and provide the sound legal advice you need today.