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Is Your Employee Violating Vacation Laws In The U.S.

Is Your Employee Violating Vacation Laws In The U.S. published on

Many companies provide vacation benefits to their employees. There are no legal requirements that an employer provide vacation benefits. However, once in place, a business cannot take your vacation benefits away. Additoinally, the employer must not administer vacation benefits in a discriminatory way. An employer can not administer vacation policy in an arbitrary way with its employee or refuses vacation wages at termination. If an employer uses vacation benefits to retaliate against an employee, they may be violating “vacation laws”.

Although there are no specific vacation laws in the U.S., federal laws provide assistance to those treated unfairly. The following Federal Laws can assist in your fight against unfair or inconsistent vacation policy.

Employee Benefits and Vacation Laws
Employee Benefits – Vacation Policy

 

  • Title VII of the Civil Rights Act of 1964
  • Equal Pay Act of 1963 (EPA)
  • Age Discrimination in Employment Act of 1967 (ADEA)
  • Title I and Title V of the Americans with Disabilities Act of 1990 (ADA)
  • Sections 501 and 505 of the Rehabilitation Act of 1973
  • Civil Rights Act of 1991

 

 

Vacation Laws In The U.S.

In the U.S. there are no specific vacation laws. There are several federal and state laws that require employers to treat employees fairly when vacation policy is established. For example, employess do not need to take vacation time when absent. Many state laws require employers to compensate employees for accrued vacation when they terminate. Employers must carry out policies so they are fair and do not violate other vacation codes.

Before deciding to administer benefits to your employees, it is wise to consult with an experienced business attorney to guide you on the process and keep your business in compliance with federal laws.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have business related questions, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a member of the  General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

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