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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Under Vermont law, an employer must provide its employees with “reasonable opportunity”
to eat and use toilet facilities in order to protect the health and hygiene of the employee.
Verm. Stat. 21: 304. Under federal law, breaks, usually of the type lasting less than 20
minutes, must be paid. Meal or lunch periods (usually 30 minutes or more) do not need to
be paid, so long as the employee is free to do as they wish during the meal or lunch
period. DOL: Breaks and Meal Periods.
Under Vermont law, an employer must provide its employees with “reasonable opportunity”
to eat and use toilet facilities in order to protect the health and hygiene of the employee.
Verm. Stat. 21: 304. Under federal law, breaks, usually of the type lasting less than 20
minutes, must be paid. Meal or lunch periods (usually 30 minutes or more) do not need to
be paid, so long as the employee is free to do as they wish during the meal or lunch
period. DOL: Breaks and Meal Periods.
Vacation
In Vermont, employers are not required to provide employees with vacation benefits, either
paid or unpaid. VT Dept. of Labor FAQs. If an employer chooses to provide such benefits, it
must comply with the terms of its established policy or employment contract. VT Dept. of
Labor FAQs.
An employer must pay an employee for accrued vacation upon separation from
employment if its policy or contract provides for such payment. VT Dept. of Labor FAQs.
Neither Vermont’s Legislature nor its courts have given any significant guidance regarding
other potential vacation policy issues. They are silent regarding whether an employer may:
Although Vermont’s authorities are silent regarding many vacation policy issues, based on
the contractual emphasis Vermont has placed on vacation policies, an employer is likely
free to implement the vacation policy of its choosing. VT Dept. of Labor FAQs. An employer
is required to comply with the terms of the policy it chooses to implement. VT Dept. of Labor
FAQs.
In Vermont, employers are not required to provide employees with vacation benefits, either
paid or unpaid. VT Dept. of Labor FAQs. If an employer chooses to provide such benefits, it
must comply with the terms of its established policy or employment contract. VT Dept. of
Labor FAQs.
An employer must pay an employee for accrued vacation upon separation from
employment if its policy or contract provides for such payment. VT Dept. of Labor FAQs.
Neither Vermont’s Legislature nor its courts have given any significant guidance regarding
other potential vacation policy issues. They are silent regarding whether an employer may:
- establish a policy or enter into a contract denying employees payment for accrued
vacation leave upon separation from employment, - deny payment for accrued vacation to an employee upon separation from
employment if its policy or contract is silent on the matter, - require an employee to comply with specific requirements to qualify for payment of
vacation leave upon separation from employment, such as giving two weeks notice
or being employed as of a specific date of the year, - cap the vacation leave an employee may accrued over time,
- implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set
date or lose it.
Although Vermont’s authorities are silent regarding many vacation policy issues, based on
the contractual emphasis Vermont has placed on vacation policies, an employer is likely
free to implement the vacation policy of its choosing. VT Dept. of Labor FAQs. An employer
is required to comply with the terms of the policy it chooses to implement. VT Dept. of Labor
FAQs.
Severance
Vermont law does not require employers to provide employees with severance pay. VT
Dept. of Labor FAQs. If an employer chooses to provide severance benefits, it must comply
with the terms of its established policy or employment contract.
Vermont law does not require employers to provide employees with severance pay. VT
Dept. of Labor FAQs. If an employer chooses to provide severance benefits, it must comply
with the terms of its established policy or employment contract.
Holidays
Vermont law does not require employers to provide employees with either paid or unpaid
holiday leave. VT Dept. of Labor FAQs. In Vermont, an employer can require an employee
to work holidays. An employer does not have to pay an employee premium pay, such as 1
1/2 times the regular rate, for working on holidays, unless such time worked qualifies the
employee for overtime under standard overtime laws. If an employer chooses to provide
either paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
Vermont law does not require employers to provide employees with either paid or unpaid
holiday leave. VT Dept. of Labor FAQs. In Vermont, an employer can require an employee
to work holidays. An employer does not have to pay an employee premium pay, such as 1
1/2 times the regular rate, for working on holidays, unless such time worked qualifies the
employee for overtime under standard overtime laws. If an employer chooses to provide
either paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
Minimum Wage
Vermont's current minimum wage is $8.06. VT Dept. of Labor FAQs. Some exceptions
apply to Vermont's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Vermont, the state
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than federal law.
Vermont's current minimum wage is $8.06. VT Dept. of Labor FAQs. Some exceptions
apply to Vermont's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Vermont, the state
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than federal law.
Overtime
Vermont requires an employer to pay overtime to employees, unless otherwise exempt, at
the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess of
40 hours in a workweek. Verm. Stat. 21:384; VT Dept. of Labor FAQs. See FLSA: Overtime
for more information regarding overtime requirements.
Vermont requires an employer to pay overtime to employees, unless otherwise exempt, at
the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess of
40 hours in a workweek. Verm. Stat. 21:384; VT Dept. of Labor FAQs. See FLSA: Overtime
for more information regarding overtime requirements.
Sick Leave
Vermont law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. VT Dept. of Labor FAQs. If an employer chooses to provide sick leave
benefits, it must comply with the terms of its established policy or employment contract.
An employer in Vermont may be required to provide an employee unpaid sick leave in
accordance with Vermont's Parental and Family Leave Law and the federal Family and
Medical Leave Act or other federal laws.
Vermont law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. VT Dept. of Labor FAQs. If an employer chooses to provide sick leave
benefits, it must comply with the terms of its established policy or employment contract.
An employer in Vermont may be required to provide an employee unpaid sick leave in
accordance with Vermont's Parental and Family Leave Law and the federal Family and
Medical Leave Act or other federal laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday and Sunday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
An employer may not discharge an employee by reason of his service as a juror, or
penalize such employee or deprive him of any right, privilege, or benefit on a basis which
discriminates between such employee and other employees not serving as jurors. All
employees shall be considered in the service of their employer during all times while
serving as jurors in accordance with this section for purposes of determining seniority,
fringe benefits, credit toward vacations and other rights, privileges, and benefits of
employment.
Vermont Stat. 21-5-499
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
An employer may not discharge an employee by reason of his service as a juror, or
penalize such employee or deprive him of any right, privilege, or benefit on a basis which
discriminates between such employee and other employees not serving as jurors. All
employees shall be considered in the service of their employer during all times while
serving as jurors in accordance with this section for purposes of determining seniority,
fringe benefits, credit toward vacations and other rights, privileges, and benefits of
employment.
Vermont Stat. 21-5-499
