9th circuit court unpaid vacation upon termination nevada (payment, employer, work)

[airics]

Can anyone give insight on this? I read that the circuit court gave an opinion regarding unpaid vacation as backpay.

Can I get any links to this


Thanks in advance

[Rabrrita]

There was a ruling last year that said if an employer in NV is paying out unused vacation pay at termination, it's considered time for the purpose of wages. This means if the pay calculation is based on a time period (example one day of vacation is paid as if 8 hours of work) the vacation payout is worked wages, not non-worked wages. The ruling also changed the "policy provision" and instead of an employer be required to payout if they have a policy of paying out, I belive it changed that to an employer must pay out unless they have a policy saying they do not pay out. However the issue of vacation payouts as wages goes more to the benefits derived from have the money classified as work wages instead of just a payment.

[airics]

where can I find this.... I was termed and just lost 70 hours of paid time off that was previously approved..

[Rabrrita]

What do you mean you lost 70 hours of Paid Time Off that was previously approved? Did you actually accrue those 70 hours at time of termination? Does your company (written or verbal) have a policy of not paying out accrued vacation upon termination? As mentioned, the ruling is less about having to pay for accrued vacation and more about how the pay is classified as work wages.

[airics]

I had 70 hours that I was using (approved) for late April vacation. No knowledge of payment of pto whether termed or not

[Hemlock140]

Originally Posted by airics

I had 70 hours that I was using (approved) for late April vacation. No knowledge of payment of pto whether termed or not

You have to know what their policy is. Our earned PTO can be sold back and added to our pay and upon termination we are paid for it at 50% of our pay rate at that time. Not all companies do that, and if yours has a policy of not paying for PTO you can't get anything for it, regardless of the state. Paid acation/PTO is not a required benefit in most jurisdictions, in fact many places do not require paid sick leave. In our state that only started 1/1/2018, but some cities like Seattle have their own sick leave laws.

[airics]

I was asking for the 9th circuit court ruling which states pto is considered backpay.

[bUU]

You'll have to be more specific about which ruling you are referring to, because I've never seen any ruling from any circuit court that established that "approval" of vacation time constituted an obligation on the part of the employer to pay for that vacation time at termination. Generally, the rulings have cited either "earning" or "accrual" of vacation time, or company policy, as the governing concern.