Are Forced Vacations Illegal?
Employers are allowed to restrict when workers can take vacations. Some employers even will force their employees to take paid vacation time off at certain times of the year. When employers do this, it is called forced vacation time. It is important to understand that the Fair Labor Standards Act does not require employers to pay for any time that employees do not work. They are also able to place restrictions on when their workers can take vacation time off from work. If you are absent, your employer may require that you use the vacation time that you have accrued for the hours that you miss from work. It is common for employers in certain industries to use forced vacations when business is slow. Finally, employers may use forced vacations in advance of impending layoffs so that they can avoid paying the workers who will be laid off for the time that they have accrued.
Understanding the Fair Labor Standards Act
The FLSA is a federal law that governs the minimum wage and overtime pay. It does not require employers to offer vacation pay. Instead, vacation time is a benefit that employers may choose to offer to their employees. Employers may offer this benefit in order to attract workers, but they do not have to do so.
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Call (856) 685-7420 or
In New Jersey, employers are not required to pay out accrued vacation time when employees are terminated unless they have done so in the past as a matter of standard practice. In all states, workers are protected by whichever law offers them the most protection, which is either the state labor law or the federal FLSA.
According to the U.S. Department of Labor, employers are able to require that employees who are provided vacation time to take the time off on certain days or in specific ways. Employers may also mandate that exempt employees take forced vacation days or have their accrued time reduced for absences.
Some companies use forced vacations during slow periods. This helps the companies to make certain that they will not be short-staffed by workers taking vacations during the busy season.
If your company requires that all of its workers take forced vacations at the same time so that it can close an office for a time, it may be doing so in order to reduce the amount of money that your employer may have to pay out in anticipation of layoffs. If you believe that you are owed vacation pay, the attorneys at Swartz Swidler might be able to help. Contact us today to schedule your consultation by filling out our contact form.
Most Frequently Asked Question: Do I Have A Case?
While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is to contact one of our attorneys. For more information check out the FAQ below or visit our FAQ Page
Most Frequently Asked Question:
Do I Have A Case?
While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is contact one of our attorneys. For more information on a just a few scenarios checkout the flip box FAQ below or visit our FAQ Page.
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Our Locations
Haddonfield Headquarters
9 Tanner Street, Ste. 101
Haddonfield, NJ 08033
Phone: (856) 685-7420
Fax: (856) 685-7417
Philadelphia Satellite Office
123 South 22nd Street
Philadelphia, PA 19107
Phone: (215) 995-2733