Vacation Time Lawyer

The Fair Labor Standards Act (FLSA) provides protections for workers in various industries, including rules about minimum wage requirements and overtime pay. Wage theft is common in both white-collar and blue-collar industries. 

Workers are entitled to take legal action when these violations occur. Sometimes, these violations involve disputes over vacation time or other forms of unpaid leave. A vacation time lawyer could assist if you have benefits that were not paid appropriately. A knowledgeable employment attorney could fight for justice on your behalf and seek the financial recovery you deserve. 

Wage Laws and Vacation Time

Federal law does not require employers to grant vacation time. However, vacation time is a standard part of many employees’ benefits package when they join a company. Employers are required to observe their established policies and standards for workers, including those related to vacation time. 

Vacation time is part of the wages workers are entitled to receive. Workers have specific rights under both federal and state wage and hour laws. Paid vacation usually equals the workers’ regular salary or hourly pay. 

While benefits packages vary by employer, the standard paid time off (PTO) allowance is two weeks once a worker has been with the company for around 90 days. Once a worker is promised paid time off under a company’s employment policies, collective bargaining agreement, or contractual agreement, they have the right to receive that pay while working for the company. If a worker is denied compensation after taking vacation time, an attorney can work to secure recovery of all lawful wages owed.

Navigating PTO Requirements and Payouts

Employers are not required to give paid time off or vacation time, but most companies choose to include this as a benefit. Employers have many options for the restrictions they can place on paid time off. These restrictions can include the waiting period for vacation accrual, notice requirements for requesting time off, varying time-off policies for employees at different levels of management, and a limit on how many consecutive vacation days an employee can take. 

That said, employers must adhere to federal guidelines in areas like leave time as prescribed under the Family and Medical Leave Act (FMLA). Under the FMLA, eligible employees must be granted up to 12 weeks of maternity, paternity, or illness. 

Upon employment separation or termination, workers may wonder about their rights regarding unused paid time off. Some states (such as California, Colorado, and Nebraska) require employers to pay unused vacation time to employees who leave the company, but many do not. 

Even if state law does not require a PTO payout when an employee leaves a company, employees may be entitled to unused paid time off in a few circumstances. This can include when an employer has a track record of paying out these benefits to separated employees or if there was a contractual promise to pay unused earned vacation between the company and the specific worker. An attorney can provide invaluable legal assistance with disputes about unused vacation accrual, vacation benefits, and other paid time off.

Speak with an Experienced Vacation Time Attorney

If you were forced to forego vacation benefits promised in your employment contract or have a PTO dispute, you should consult with an attorney. A vacation time lawyer could determine whether you may be entitled to back pay and other damages. 

Through a successful and timely lawsuit, an employer who steals wages can be held accountable, and workers can recover the damages owed. For more information use our chat feature or fill out our confidential review form.