Sunday, December 22, 2013

Vacation, bonus pay, and grievance award

Be aware, the vacation and bonus pay a Montgomery County worker earns are entitlements just like wages.  As you will note, they are earned in the "exchange for services" performed for the employer.

These "extras" are considered wages and are considered part of the calculation for the AWW (average weekly wage).  The important case in this area is Lane Enterprises, Inc. v. WCAB (Patton) from 1994.  Even if you only get an annual bonus, this is pro-rated for your AWW.

If there is a collective bargaining agreement, please look at the agreement and match it to the ruling in ESAB Welding and Cutting Products v. WCAB (Wallen) from 2009.

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