Labor law question: can my boss do this to us?

[catzies]

This question is for DUers with knowledge of labor laws (California) as it applies to small companies (less than 10 people).

My boss has decreed that at the end of 2004 the company will close for the Christmas-New Year's week. That sounds good until he says these are not paid holidays. I asked for clarification and he said if anyone wants that week with pay, they have to use their saved vacation time to do it. We only get 10 days a year to begin with.

It's my unenviable task as office manager to tell the staff. I'm just a bookkeeper by trade and have little historical exposure to the finer points of labor law and don't know any lawyers to ask.

So, could anyone please tell me: can he do that?? Thanks.

[toddzilla]

1. i would think so..

as long as he doesn't require you to be there and not get paid, i think he can do whatever he wants as far as leaving the business open or closed or whatever..


at least he's letting everyone know in advance so you can plan for it financially.

[dreissig]

2. Why Not?

The boss is reducing your pay. There's no law against that. It would be illegal to reduce your pay after the hours were worked, but he's up front about what he's doing. And you're getting plenty of notice up front.

[Kayla]

5. My goodness.

That reads very coldly toward working people...hmmmmm...

[Kayla]

3. Yes, your boss can do this, but

it just wouldn't happen in different times. The amount of pay he's saving vs. the resentment and poor morale he's reaping might make him think next year (might not), but he's being shortsighted now.

Again: in a different business climate, this just wouldn't go...another reason why Bush needs to go.

[JVS]

4. Unless you have a contract saying otherwise, he's legally ok.

[catzies]

6. Thanks everyone. I appreciate the quick responses. DU rules!

FWIW, it's not even necessary as a cost-saving measure. We have been, and remain, highly profitable.

[brainshrub]

7. Your boss is a bastard.

You should get the employees together and strike. Only 10 of you? That shouldn't be to hard to organize.

All your boss is doing is trying to get away with stealing from his employees. If his business was struggling and he consulted with the employees, this would be acceptable...but from what I understand he is ordering everyone to do this.

[7th_Sephiroth]

8. yeah

had a boss that did this once, it was a tech company in its second year with 5 programmers and me, (we were pretty profitable) he told us he was cutting our vacation time and that holidays arent paid vacations, we all split. He went bankrupt a few months later, he couldent hire anybody.

[private_ryan]

9. stealing from his employees

what are you talking about? How is he stealing? They're not working and he's not paying them. You can talk about the morality of it but it isn't stealing...

[catzies]

12. Yes, he is "ordering" us. And I am "to advise the staff."

He dropped this little stink-bomb on my desk New Year's Eve, after everyone else left. I was pissed all weekend and I'm still seething.

I didn't want to ruin everyone's day today, so I'm telling everyone tomorrow morning; I'll have a quickie staff meeting before he gets here.

I'm also not re-writing his note; he handwrote this little gem and I'm making copies of it for everyone so they'll see his exact words.

And no one is allowed to take vacation or any time off in December 2004 except for this.

[DUreader]

10. Nobody Cites Cal. Labor Law In Their Replies?

Cal Has Some Tough Labor Laws.

I think You should Research Further.

This is a change from what you had previously. Was there an implied contract?

Also a large portion of staff giving notice 2 weeks before next years

holiday might be a nice New Years Present for this Boss.

[Democrats unite]

11. Maybe this will help answer your question...

Three years ago I had a job that paid $14.00 an hour I was paid monthly. When I received my last check after separation it Came out to $5.65 an hour! Of course I went screaming to the Federal Labor board & I was informed an employer can pay you what ever he wants (as long as it's minimum wage)if there is no signed contract, and If he decided to pay me $5.65 which is minimum wage I didn't have a leg to stand on.

P.S. I worked in a private Hotel & ended up turning him into the IRS for tax fraud! Lesson here...never piss off a bookkeeper!