![]() Employers who willfully or repeatedly violate the minimum wage requirements are subject to a civil money penalty of up to $1,000 for each such violation. A second conviction may result in imprisonment. Willful violations may be prosecuted criminally and the violator fined up to $10,000. It is a violation to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under FLSA. Where violations are found, they also may recommend changes in employment practices to bring an employer into compliance. Wage-Hour's enforcement of FLSA is carried out by investigators stationed across the U.S., who conduct investigations and gather data on wages, hours, and other employment conditions or practices, in order to determine whether an employer has complied with the law. The Fair Labor Standards Act, the federal wage standards law, is enforced by the Wage-Hour Division of the U.S. These days are considered to be accrued by the employee and payable when the employee leaves the job. Where this is the case, remaining PTO days are generally treated the same as vacation days under the law. More companies are moving to a "paid time off" (PTO) system where days off are not designated as vacation leave, sick leave, or personal leave, to give employees more flexibility and to ease the administrative burden of tracking and policing workers' use of their time off. However, this practice is generally completely voluntary, unless required by a contract as discussed above. Some employers do pay employees for unused sick time, possibly as an incentive for employees to not misuse sick leave. ![]() In this respect, accrued sick time is unlike accrued vacation time which, in some states, must be paid as part of an employee's final paycheck. Unless required to do so under an employment contract, collective bargaining agreement, or other legally binding agreement, an employer is not required to pay employees for accrued sick time or personal leave when they leave their employment. In the rest of the states, there is no state law that requires your employer to pay you for accrued vacation leave, although your employer may do so voluntarily, or may have to do so if required by a policy or contract. However, in those states, you are only given a legal right to challenge an employer over unpaid accrued vacation time in your final paycheck if the employer has promised payment of unpaid accrued vacation time in your final paycheck. 24 states-Alaska, Arizona, California, Colorado, Illinois, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Nebraska, New Hampshire, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island (after one year of employment), Tennessee, West Virginia, and Wyoming-and the District of Columbia have laws regarding payment of accrued vacation time. It doesn't create an attorney-client relationship.It depends on your employer and where you live. My answer is simply "friendly" advice based on my experience as an attorney in Indiana, my knowledge of federal and common law, and common sense.Įven if you are in Indiana, employment law questions are very fact specific, and based on the limited information you provided in your post, I can't give you legal advice, and my answer is intended as general information only. ![]() I'm licensed to practice law only in Indiana, so if you're in another state, I can't give you "legal" advice. If the reduction only applies to the April 14th check, though, your employer is not acting illegally. If your employer tried to reduce your pay for the April 1st pay check - for which you have already performed the work - as well as your pay for the April 14th check (for which you have NOT already done the work), that would be illegal. and on each of those days you are paid for the two weeks immediately preceding the pay date. Also, assume that April 1st and April 14th are paydays. Assume you tell your employer on April 1st that you are leaving, and that April 14th will be your last day.
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