I’m currently assistant mgr. salaried employee and from one day to another they want to demote me to sales rep. Whom which get paid hourly plus commission. I want to know if it’s legal for them to transfer my vacation time with my new hourly pay which would be the minimum or do they have to cash out my vacation time accumulated as salary? I am in California.
Hi Jen, If the vacation was earned at a certain rate, my opinion is that you’d have a pretty strong case to make that you deserve the equivalent amount of vacation in terms of value. So if you had 5 days before, you’d have 6 days now – or something like that. I like your idea, however, to cash those days out at the old rate and start fresh. But either way would be fair.