Help Wanted: Quit over long commute?

"In this instance, the cost of gas would be a consideration," the department said.

Before you quit, bear in mind that the department will want to see proof that you sought help from your employer before heading for the door. For example, did you ask your employer to reimburse you for the extra mileage or to allow you to work from a closer location?

For more information call the department's Telephone Claims Center at 888-209-8124.

"The exemption rules do not address benefits," said Irv Miljoner, who heads the Long Island office of the U.S. Department of Labor, in Westbury. "How much they give and how much they take back doesn't affect the exempt status."

Rules for docking the salaries of exempt employees, who are exempt from minimum wage and overtime laws, are strict. The company could dock her salary only if she missed a full day for personal reasons, which clearly wouldn't be the case here.

But it can require her to use vacation days or other paid time off to cover the holiday closings because a company can determine how benefits are applied, Miljoner said. "No employee can dictate to a company the terms and conditions of work, including the days that the company decides the establishment is closed for a holiday."

As for the unused vacation, the company can legally state in its written policy that you forfeit unused vacation days when you leave. But it should have informed you of that written policy in advance.

"To be valid, the employer must have told employees, in writing, of the conditions that nullify the benefit," the department said.

If you feel you are entitled to pay for the unused days, call the Labor Department at 516-794-8195 or 212-775-3880.