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Rights of exempt status employees under VA employment laws use of vacation time for exempt status employees

Reston, VA |

I am an exempt employee in VA. Can my company take from my vacation bank if I work less than 8 hours on any given day?

ex: I was required to use 4 hours of vacation time on a day that I was in the office for 4 hours.

Question... My cousin is in a situation t she has been employed with the currentemployer for the past 4-5 years this employer (small buisness) approximately 30-40 employees. Recently decided he wanted her to become an exempt employee doing away with hourly and overtime. She is currently working excessive hours and not being compensated for them. Another employee a family member of the employer has the same job and title as my cousin and his status also changed to salaried until recently he was changed back to hourly and receving his overtime pay as before. In the process of this the employer also took my cousins earned 1 week vacation time. What is the law for such situation??

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Attorney answers 2


Although I am not a VA lawyer, I do know that VA has an active VA Department of Labor and Industry. Their Web site provides information about the Commonwealth of Virginia's labor and employment laws. The federal Fair Labor Standards Act ("F.L.S.A.") governs the federal minimum wage law, time-and-a-half overtime law and other labor laws. If the employer falls under the jurisdiction of the F.L.S.A. (most employers do), you may wish to also consult the Web site for the United States Department of Labor, Employment Standards Administration, Wage and Hour Division. If you have a question about whether your employer falls under the jurisdiction of the F.L.S.A., contact the Wage and Hour Division. Their Website can be accessed on line as follows:

The Virginia Labor and Employment Law program enforces the Payment of Wage Act and protects other important rights including minimum wage, and the right to work. Through our child labor programs, we help ensure that young people have the opportunity to work in jobs [see Guide for the Employment of Teenagers (English) | Guía para el empleo de adolescentes (Spanish)] that do not endanger them or interfere with their education. The Department also is the designated agency to mediate and conciliate labor disputes under Virginia Code § 40.1-70.

The Labor and Employment Law Division investigates complaints alleging violations of the labor laws listed below, conducts informal conferences with employers to settle disputes, prepares final orders for unpaid wages and assesses civil money penalties against employers to gain compliance, assists in civil or criminal court actions against employers to gain compliance, and administers the work permit program for 14 and 15 year-old minors employed in the Commonwealth.

Good luck to you and best regards. Rob Fortgang


Assuming that you're not working under a contract that would prohibit the practice you've described, my
answer would be, yes, your employer very likely can require that you use your accumulated vacation time in the manner described since there is not even any requirement under Virginia law(absent a contract) that requires Virginia employers to provide paid vacation time to their employees.

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