Oglebay Norton Co. v. Industrial Commission

Sec. 108.05 (4), Stats., prescribes certain conditions which an employer must fulfil before vacation pay may be treated as wages for a particular week. In the case before us the employer met the statutory conditions. The question presented is whether the contract prevented the employer from allocating the vacation pay to weeks 47 and 48. The statute does not give an employer a right to allocate vacation pay to a period he desires if a contract requires him to treat some other period as vacation.

The material facts in the present case are virtually undisputed. The question must be resolved by…