You are here:

Employment Law/tn employment

Advertisement


Question
My manager is telling me that he is going to take a vacation day because he is requiring my office to work a Saturday in case of bad weather (snow or ice) which i did not work. I earn a base salary plus commission but worked every day Monday -Friday and at-least 40 hours per week.We did not miss any days because of bad weather, and still easily completed all my work before the end of month.Is this legal?

Answer
I do not think this is right. Whether it is illegal or not is another story. Vacation pay is not required by law and if it is given the company reserves the right to say when it may or may not be used. It doesn't sound right to require a vacation day to be used for not working on a day off. If the day is used you should be paid for that day.

The state of Tennessee does not have rules on Vacation and Holiday pay. They do say that the employers handbook and rules are the guiding factor. If the vacation day is taken for a day you did not work than you must be paid for that day. If you are not paid for it you can file a claim with the department of labor. While the employer can say when the time may or may not be used if the time is used it must be paid.

Shirley

Employment Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

©2016 About.com. All rights reserved.