america, why the no vacation?

[BoomerD]

Funny, my company's home office is in California and we don't get no roll over.

Your company's home office has no bearing on it...it's up to the individual state law where you're employed...however, California state law says:

There is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time. However, if an employer does have an established policy, practice, or agreement to provide paid vacation, then certain restrictions are placed on the employer as to how it fulfills its obligation to provide vacation pay. 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 C3d 774) An employer can place a reasonable cap on vacation benefits that prevents an employee from earning vacation over a certain amount of hours. (Boothby v. Atlas Mechanical (1992) 6 Cal.App.4th 1595) And, unless otherwise stipulated by a collective bargaining agreement, upon termination of employment all earned and unused vacation must be paid to the employee at his or her final rate of pay.

4.
Q. My employer's vacation policy provides that if I do not use all of my annual vacation entitlement by the end of the year, that I lose the unused balance. Is this legal?

A. No, such a provision is not legal. In California, vacation pay is another form of wages which vests as it is earned (in this context, "vests" means you are invested or endowed with rights in the wages). Accordingly, a policy that provides for the forfeiture of vacation pay that is not used by a specified date ("use it or lose it") is an illegal policy under California law and will not be recognized by the Labor Commissioner.

5.
Q. My employer's vacation policy provides that once an employee earns 200 hours of vacation, no more vacation may be earned (accrued) until the vacation balance falls below that level. Is this legal?

A. Yes, such a provision would be acceptable to the Labor Commissioner. Unlike "use it or lose it" policies, a vacation policy that places a "cap" or "ceiling" on vacation pay accruals is permissible. Whereas a "use it or lose it" policy results in a forfeiture of accrued vacation pay, a "cap" simply places a limit on the amount of vacation that can accrue; that is, once a certain level or amount of accrued vacation is earned but not taken, no further vacation or vacation pay accrues until the balance falls below the cap. The time periods involved for taking vacation must, of course, be reasonable. If implementation of a "cap" is a subterfuge to deny employees vacation or vacation benefits, the policy will not be recognized by the Labor Commissioner.

DLSE has repeatedly found vacation policies which provide that all vacation must be taken in the year it is earned (or in a very limited period following the accrual period) are unfair and will not be enforced by the Division.

 

[Munky]

Lol Europe has had universal health care since 1941-1980's. Trying to equate that with the financial status of today really highlights your ignorance.

None of what you posted invalidates any of my points. Nice attempt at a red herring, but otherwise boring and pointless non-rebuttal.

 

[CaptainGoodnight]

Lol Europe has had universal health care since 1941-1980's. Trying to equate that with the financial status of today really highlights your ignorance.

And finally the chickens have come home to roost. There has been a big shift in demographics since 1941 that makes the system unworkable.

 

[ivwshane]

What's funny about your post is you don't realize how brainwashed you Europeans are. So instead of a country run by banks and corporations, you have a non-democratic union run by unelected oligarchs who have the force of armed government thugs in uniform to justify their actions. You'll take your 5 weeks vacation a year, universal healthcare, and early retirement because it worked out so well for Greece, Spain, Portugal, and Italy, didn't it? Oh, and when the thugs declare a new tax by confiscating 10% of your bank account to support a failed bureaucracy, you'll gladly take it too. You have no freedom of speech, no right to bear firearms, no protection from forced self-incrimination, and the oligarchs get away with shit like 50% tax and outlawing paternity tests, because you'll allow them.

None of what you posted invalidates any of my points. Nice attempt at a red herring, but otherwise boring and pointless non-rebuttal.

Oh really? You are equating things that have been in place for years and stating they didn't work out that well, with zero evidence.

Try again idiot.

 

[ivwshane]

And finally the chickens have come home to roost. There has been a big shift in demographics since 1941 that makes the system unworkable.

Lol. What shift in demographics would that be?

 

[Munky]

Oh really? You are equating things that have been in place for years and stating they didn't work out that well, with zero evidence.

Try again idiot.

Are you saying it worked out well? Did your dumb ass really just say what I thought it did?

 

[ivwshane]

Are you saying it worked out well? Did your dumb ass really just say what I thought it did?

Are you saying that every country in europe is on the brink of collapse? Is your dumb ass really making that claim?

Yeah I think you are. Tards are going to yard I guess.

 

[Munky]

Are you saying that every country in europe is on the brink of collapse? Is your dumb ass really making that claim?

Yeah I think you are. Tards are going to yard I guess.

Oh look, more red herrings. Is there even a point to your ramblings, other than comic relief?

Let's see, you did not address any point other than universal healthcare. You did not address the Europe of today, as opposed to the Europe of 30-50 years ago. And you completely ignored the growing list of Eurozone countries of questionable financial future, instead preferring to rave like a lunatic that "Not all countries are like that!!!!1111." Sounds like a tard to me.

 

[ichy]

There is encroachment on worker comfort, it used to be if you took 35minutes on your 30minute lunch because you hit traffic getting lunch no big deal, now if you take 35minutes for your 30 minute break you are likely to get an infraction or something, rack up 3 and you are fired even if you are the best employee in the business. You know it lol.

Um, no. If you need your workforce to have any kind of skill/qualifications then you can't treat people like that.

 

[ivwshane]

Oh look, more red herrings. Is there even a point to your ramblings, other than comic relief?

Let's see, you did not address any point other than universal healthcare. You did not address the Europe of today, as opposed to the Europe of 30-50 years ago. And you completely ignored the growing list of Eurozone countries of questionable financial future, instead preferring to rave like a lunatic that "Not all countries are like that!!!!1111." Sounds like a tard to me.

Your post was full of shit to begin with and I took the biggest shit you posted and pointed out your lie.
The rest of your RANT was either nonsensical bullshit and not worth addressing or it only applied to one country, which hardly represents the EU as a whole.

So why don't you provide some facts to back up your claims?

I'm sure your next post will also be devoid of facts as well.

 

[CitizenKain]

Your post was full of shit to begin with and I took the biggest shit you posted and pointed out your lie.
The rest of your RANT was either nonsensical bullshit and not worth addressing or it only applied to one country, which hardly represents the EU as a whole.

So why don't you provide some facts to back up your claims?

I'm sure your next post will also be devoid of facts as well.

There won't be any facts, Munky doesn't believe in those.

 

[Ns1]

18 paid days off per year + 10 sick days + random company granted holidays = no idea what you're talking about.

 

[Munky]

Your post was full of shit to begin with and I took the biggest shit you posted and pointed out your lie.
The rest of your RANT was either nonsensical bullshit and not worth addressing or it only applied to one country, which hardly represents the EU as a whole.

So why don't you provide some facts to back up your claims?

I'm sure your next post will also be devoid of facts as well.

Here is what you did. Your little pea brain is smart enough to realize that you can't refute all the points I made in my original post, so you embark on a not-so-clever verbal dance trying to sling shit in every direction hoping that something sticks, and then celebrating how you had a point all along. Well it doesn't work that way. Until you can address my points in a logical manner, don't expect me to take your vague vomit seriously.

 

[ivwshane]

Here is what you did. Your little pea brain is smart enough to realize that you can't refute all the points I made in my original post, so you embark on a not-so-clever verbal dance trying to sling shit in every direction hoping that something sticks, and then celebrating how you had a point all along. Well it doesn't work that way. Until you can address my points in a logical manner, don't expect me to take your vague vomit seriously.

Lol

I called it! Zero facts to back your claims up and instead you attack my argument style.

Good try kid.

 

[Munky]

Lol

I called it! Zero facts to back your claims up and instead you attack my argument style.

Good try kid.

Right back atcha sparky.

 

[DCal430]

Funny, my company's home office is in California and we don't get no roll over.

What maters is not were your home company is, what mater is were you are. For employees in your company working in California, their vacation most definitely rolls over.

 

[ivwshane]

http://en.m.wikipedia.org/wiki/Universal_health_care#section_1

http://en.m.wikipedia.org/wiki/Elections_in_the_European_Union#section_1

http://en.m.wikipedia.org/wiki/List_of_European_Union_member_states_by_political_system

http://en.m.wikipedia.org/wiki/Gun_politics#section_2

http://en.m.wikipedia.org/wiki/Freedom_of_speech_by_country#section_5

http://www.avoiceformen.com/mens-rights/france-upholds-the-ban-on-paternity-tests/

http://mobile.reuters.com/article/idUSBRE92L0Y220130322?irpc=932


You have some reading to do.

 

[BoomerD]

What maters is not were your home company is, what mater is were you are. For employees in your company working in California, their vacation most definitely rolls over.

BUT, the company can cap how much vacation/PTO you can accrue...

 

[DCal430]

BUT, the company can cap how much vacation/PTO you can accrue...

Yes they can, but the cap can't just be 1 year of vacation, so something will always roll over until you reach the cap.

 

[DCal430]

Funny thing is we are suppose to have a cap of 640 hours here, but it isn't enforced and we have people with over 2000 hours

I think some times these people get an Email asking them to try to take some more vacation, but nothing is actually done to enforce it.

 

[BoomerD]

Funny thing is we are suppose to have a cap of 640 hours here, but it isn't enforced and we have people with over 2000 hours

I think some times these people get an Email asking them to try to take some more vacation, but nothing is actually done to enforce it.

That's a fail of your department management. Legally, (and per MOST California Employees MOU's) exceeding the cap is supposed to result in the failure to accrue more PTO.
I don't know which bargaining unit you're in...and each one is a bit different in the language.

 

[Munky]

http://en.m.wikipedia.org/wiki/Universal_health_care#section_1

http://en.m.wikipedia.org/wiki/Elections_in_the_European_Union#section_1

http://en.m.wikipedia.org/wiki/List_of_European_Union_member_states_by_political_system

http://en.m.wikipedia.org/wiki/Gun_politics#section_2

http://en.m.wikipedia.org/wiki/Freedom_of_speech_by_country#section_5

http://www.avoiceformen.com/mens-rights/france-upholds-the-ban-on-paternity-tests/

http://mobile.reuters.com/article/idUSBRE92L0Y220130322?irpc=932


You have some reading to do.

So you link to articles which say the same thing I said, and try to refute my statements?

France bans paternity test? Yup, I mentioned that.

"In France, to buy a weapon, a hunting licence or a shooting sport licence is necessary." Hmm, sounds a lot like "the right to bear arms shall not be infringed" doesn't it?

"The Gayssot Act sets a punishment of five years' imprisonment and a €45,000 fine for the public expression of ideas that challenge the existence of the crimes against humanity committed by Nazi Germany during World War II" - ooh, that sure sounds like "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech."

http://en.wikipedia.org/wiki/Key_disclosure_law#France
"(Law #2001-1062 of 15 November 2001 on Community Safety), Article 30 allows a judge or prosecutor to compel any qualified person to decrypt or surrender keys to make available any information encountered in the course of an investigation." - in other words, no protection from self incrimination.

http://finance.yahoo.com/blogs/daily-ticker/tax-rates-u-highest-world-183946787.html
That's a lot of countries with a tax rate of 50% or more.

 

[ivwshane]

Lol keep moving the goal posts kid. Restricting a right is not the same as not having a right. And the last two links were to show you your points only related to one country and not Europe as whole.

Still waiting for your facts though.

 

[DCal430]

That's a fail of your department management. Legally, (and per MOST California Employees MOU's) exceeding the cap is supposed to result in the failure to accrue more PTO.
I don't know which bargaining unit you're in...and each one is a bit different in the language.

Oh yes, but I read it is a problem is many agencies, not just ours. It is most common in people who are excluded and belong to no bargaining unit.

 

[BoomerD]

Oh yes, but I read it is a problem is many agencies, not just ours. It is most common in people who are excluded and belong to no bargaining unit.

From the Bargaining Unit 1 MOU:

If an employee does not use all of the Vacation/Annual Leave that the employee
has accrued in a calendar year, the employee may carry over his/her accrued
Vacation/Annual Leave credits to the following calendar year to a maximum of six
hundred forty (640) hours. A department head or designee may permit an
employee to carry over more than six hundred forty (640) hours of accrued
Vacation/Annual Leave hours if an employee was unable to reduce his/her
accrued hours because the employee: (1) was required to work as a result of fire,
flood, or other extensive emergency; (2) was assigned work of a priority or critical
nature over an extended period of time; (3) was absent on full salary for
compensable injury; (4) was prevented by department regulations from taking
Vacation/Annual Leave until December 31 because of sick leave; or (5) was on
jury duty.
38
BU 1
Final 2010
N.
By June 1 of each calendar year those employees whose Vacation/Annual Leave
balance exceeds, or could exceed by December 31, the Vacation/Annual Leave
cap of subsection M must submit to their supervisor for approval a plan to use
Vacation/Annual Leave to bring their balance below the cap. If the employee
fails to submit a plan, or adhere to an approved plan, the department head or
designee has the right to order an employee to take sufficient Vacation/Annual
Leave to reduce the employee's Vacation/Annual Leave balance or potential
balance on December 31 below the cap specified in subsection M.