|
<
Library - Employment Law
Wage Claims, Overtime & Other Employee Compensation
EMPLOYEE COMPENSATION DURING HOLIDAYS
|
Q:
We get 7 holidays
off each year without pay. My sister who works for
another company gets 11 holidays off and she gets paid
for all of them. Shouldn’t we get 11 holidays off too?
And shouldn’t my employer pay for these holidays even
though we don’t work on any of them? |
A:
Hours worked on holidays, Saturdays, and Sundays are treated like
hours worked on regular days of the week. California law does not
require employers to provide employees with paid holidays. Employers
are also not required to close their businesses on any holiday, or
give employees the day off for any holiday.
The employer chooses when to be open and closed for business. If the
employer is open on a holiday and schedules the employee to work
that day, the law does not oblige the employer to pay the employee
anything but the employee’s regular pay. If by working on a holiday
the employee incurs overtime hours, then the employee should be paid
the overtime premium for all overtime hours worked. An employee must
be paid overtime compensation if the employee worked more than eight
hours a day or more than 40 hours in a work week.
The employer may pay a premium rate for working on a holiday if the
employer adopts such a policy or practice. If the employee is
subject to a collective bargaining agreement or an employment
contract that provides for premium pay for hours worked on holidays,
then the employer must pay a premium rate for working on a holiday.
In the same manner, an employer may choose to close its business on
holidays and give its employees paid time off from work. Or again,
if the employee is subject to a collective bargaining agreement or
an employment contract that provides that the business be closed on
holidays and employees be paid time off from work, then the employer
must follow these terms. Absent any agreement, an employer is not
mandated to pay its employees for time off during holidays.
Some employers (bless them!) choose to close their business on major
holidays and give their employees paid time off equivalent to 8
hours of work at the employee’s regular rate. However, when
computing overtime pay, hours worked is the basis for overtime
payment. Thus, if an employee did not work more than eight hours in
any one workday, or more than 40 hours in the workweek, the employee
is not entitled to any overtime pay for the workweek.
Be that as it may, whether you are or are not working this Christmas
and New Year, and whether you are or are not paid for time off, the
Law Offices of C. Joe Sayas, Jr. would like to wish you and yours a
safe and memorable Holidays! Have the Merriest Christmas and the
Happiest of New Years!
©
Law Offices C. Joe Sayas, Jr.
|
