What if my boss pretended to have a PTO policy but never kept track of our accrued hours?

For years my boss has put "PTO" next to everything on my pay stubs. Next to bonuses, next to holidays, and he even put pto next to medical stipend. But I don't have a tally on my stub of PTO hours accrued. In 2007 SF city passed a sick pay ordinance and I found out recently that pto policy means my boss would be compliant, yet still never paid for sick days.

San Francisco, CA -

Attorney Answers (2)

Frank Wei-Hong Chen

Frank Wei-Hong Chen

Employment / Labor Attorney - San Marino, CA
Answered

I think you ought to take this to a local employment attorney for review.

In California, an employer is legally obligated to maintain accurate records. Section 226 of the California Labor Code requires employers to maintain time records and wage withholding information for at least three years for each employee. For violations, the employer may be required to pay monetary fines of up to $4,000.00, plus attorney fees and costs.

Under California 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 (10 work days) of vacation per year, after six months of work he or she will have earned five days of vacation. Vacation pay accrues (adds up) as it is earned, and cannot be forfeited, even upon termination of employment, regardless of the reason for the termination. (Suastez v. Plastic Dress Up (1982) 31 Cal.3d 774).

Employees who believe they have been deprived of any earned/accrued vacation time can file a claim with a local office of the Division of Labor Standards Enforcement (DLSE) or seek help from an employment law attorney.

The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more
Marilynn Mika Spencer

Marilynn Mika Spencer

Employment / Labor Attorney - San Diego, CA
Answered

The California Division of Labor Standards Enforcement (DLSE) is a sub-agency within the California Department of Industrial Relations. http://www.dir.ca.gov/dlse/. The DLSE enforces California's wage and hour laws, including those pertaining to overtime, rest and meal breaks, and more. The link for information on filing a wage claim is here: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm.

*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more

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