The entire office is shutting down for vacation (manditory) and i have no choice.
I will not be paid for that manditory vacation time even if i am salaired .
Is this fair...this will severly affect me. is there anything that i can do?
It is a small business and things like this have ahppened before. For instance...she does not pay overtime, but applie this to "comp" or personal time?
2007-12-17 01:31:32 · 8 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment ➔ Other - Careers & Employment
No, there is nothing, legally, that you can do for this situation. You can apply for unemployment benefits, but there is a 7 day waiting period that is unpaid so depending on how long the shut down is at your company you may end up with only a few days of pay. And that is if you qualify for benefits because you have been working for the last 8 months. An employer is not required to pay their employees if the company/office is not open and operating for a shut down, and they tell you about it ahead of time. A lot of companies, large and small, do this for the week between Christmas and New Years. They pay for Christmas day and New Year's day and the other days are unpaid unless you use accrued vacation time.
A "comp" time policy is legal in some cases, but there is a lot of legalities that go along with this type of a program.
If you are unhappy with the company policies then maybe use the time off from work to set up some interviews with companies or agencies to help you find another job where you will be happy.
2007-12-17 04:32:22 · answer #1 · answered by hr4me 7 · 2⤊ 0⤋
If the office is shutting down so you won't be working, then it is definitely legal not to pay you if you don't have any vacation time left to apply to those days. You might ask if you can borrow some of next year's vacation so you'd still get paid, but they don't have to say yes.
As to overtime, if you are covered under federal overtime laws, she is required to pay overtime for hours over 40 in a week. If you take your comp time during that same week, there is no overtime pay required. The 40 hour limit is hours actually worked, not other paid hours.
2007-12-17 01:44:35 · answer #2 · answered by Judy 7 · 1⤊ 0⤋
Paid comp time for overtime is a common practice.
Office closing for vacation time is also a common practice.
If this causes you a financial problem, you should use you vacation time to find a job that better fits your financial needs.
good luck
2007-12-17 01:42:35 · answer #3 · answered by Jan Luv 7 · 0⤊ 0⤋
You should be able to apply for unemployment benefits for the time the office is shut down. Nothing else you can do about it, that is the way thing go sometimes.
2007-12-17 01:35:33 · answer #4 · answered by countryguyhfc 5 · 1⤊ 0⤋
If you are salaried you don't get ot that is the dirty fact. The other alternative would be for you to get paid out of your PTO bank (vacation time).
I know this sucks--been there many times--Good luck.
2007-12-17 03:12:58 · answer #5 · answered by Pi 7 · 0⤊ 0⤋
Check with your HR legal rep .
2007-12-17 02:02:50 · answer #6 · answered by RANDY S 1 · 1⤊ 0⤋
that is definately unfair
and it is illegal for her to not pay overtime
2007-12-17 01:50:56 · answer #7 · answered by bregweidd 6 · 0⤊ 0⤋
go in there and burn that muther down!
2007-12-17 01:47:24 · answer #8 · answered by ? 3 · 1⤊ 2⤋