Performance Based Benefits

HRQ

Someone from another company in our industry told my Ops Director that any employees who do not provide documentation of licensing requirements (HS diploma or eq, written references, certain # of training hours, etc.) do not "get" their one week of vacation pay, per their internal policy. Those who meet the requirement do get their week of vacation pay.

This company apparently also does not pay employees for time spent at mandatory staff meetings. x:o

I don't have any more detail than this, but was wondering if this is legal? The diploma, refs, training hours, etc. are a state licening requirement of employment at a licensed child care facility in AZ. Seems that if the employee doesn't meet the requirement, disciplinary action should result. (This is what we currently do)

I'm not interested in withholding vacation benefit for this purpose, but am curious to know if it is legal.

System

I'm not in your state but I believe the policy is legal - just not good practice. It seems that if someone doesn't establish their licensure, they should not be able to practice - period! Especially if the licensure is require for the job.

Under FLSA, employees must be paid for mandatory meetings. If they are hourly, they must be paid at the overtime rate if it results in more than 40 hours worked in that week.

"Sam"

Don D

I agree with Miz Moll. Vacation is not required by state or federal law and is literally a gift from the employer, to which he may attach whatever unwise strings he wishes. The mandatory meetings must be paid and are considered hours worked for overtime purposes. A wise/litigious employee will keep notes of when these meetings occured, the exact time of day and their time sheets for those weeks as well as documentation of your response when they asked you, "Are you gonna pay us for this meeting?"