Accrued Vacation Pay-Off

[marybb]

What is the name of your state? CA: An employee recently resigned from our firm, and was paid accrued vacation in final paycheck. Problem: Employee had dual-responsibilities and was paid separate hourly rates per function (one hourly rate for regular work duties, second higher hourly rate for consultation duties). Accrued vacation time has always been paid at lower rate; employee is insisting that pay-off occur at higher hourly rate. What's correct and legal?

 

[pattytx]

Normally, I would say you should pay at the base rate for the employee's regular position, i.e. the same rate you would use for other benefits such as life insurance, LTD coverage, etc. You might want to contact the DLSE to verify.

A lot of times, I have had employees say "the law requires", when in fact, I know the law "doesn't require". What I have told these employees in the past is "bring me a copy of the law and I will be more than happy to take it into consideration, and get back to you". They never do.

 

[marybb]

What is the name of your state? CA: An employee recently resigned from our firm, and was paid accrued vacation in final paycheck. Problem: Employee had dual-responsibilities and was paid separate hourly rates per function (one hourly rate for regular work duties, second higher hourly rate for consultation duties). Accrued vacation time has always been paid at lower rate; employee is insisting that pay-off occur at higher hourly rate. What's correct and legal?

tHANK YOU