Federal and state laws have been put in place to protect employees and to make sure that they are all paid fair wages for the work that they perform. These laws provide minimum wages and dictate how many hours an employee can work within a certain period of time before they are entitled to the proper overtime compensation of one and one-half times their normal hourly rate. Some states require employers to provide their workers with meal and rest breaks, but there are no laws which require employer to provide paid vacation time.
However, under California law, if an employer has a policy which includes paid vacation time, then such paid time is considered wages, and as such, the employer is required to pay it. According to California labor law, “earned vacation time is considered wages, and vacation time is earned, or vests, as labor is performed. For example, if an employee is entitled to two weeks of vacation per year, after six months of work he or she will have earned five days of vacation. Vacation pay accrues as it is earned, and cannot be forfeited, even upon termination of employment, regardless of the reason for the termination.” A former employee of Walt Disney Worldwide Services Inc. filed a wage and hour class action lawsuit alleging that the entertainment company failed to provide employees with accrued paid vacation time upon termination of the worker’s employment.
Reykeel Zorio was hired by Disney in November 2011. Soon afterwards, he was assigned to work at the Disney Resort it Burbank California. Continue reading