Vacation Payout - Rate?

[al91206]

What is the name of your state (only U.S. law)? California

Hi,

I was recently let go from my position. My question is my rate of pay depended on what job I was doing - there were 3.

1. Server - 8.25 an hour
2. Food Runner Lead - 11.00 an hour
3. Server Breaker - 15.00 an hour

I did # 2 and 3 around twice weekly - and my question is they paid my vacation hours all at the #1 rate. Is there anything that I can do about it?

Thanks,

Al in SoCal

 

[cbg]

Meaning that the majority of your job was done at the #1 rate?

 

[al91206]

Yes - that's right the majority of the time I was at the #1 rate. I'm guessing they have a team of lawyers ensuring that everything is legal. I'm just wondering though.

 

[pattytx]

My understanding is that this handling would be correct. The law states that vacation paid at termination must be at the "current rate of pay". That would be your primary job; it is really irrelevant to this discussion that you sometimes work at tasks which pay a higher rate. You still have a "main" job and a rate that goes with that work.