labor lawAdivision of labor law center

In the state of California, hours worked on holidays, Saturdays, and Sundays are treated like hours worked on any other day of the week. California laws do not require an employer to give its employees paid holidays, or require that an employer close its business on a holiday, or that employees be given the day off for a particular holiday. 

California state laws do not mandate that employers must close their business on any particular day, or at all. It is up to the employer to select which days, if any, it chooses to be open and closed for business. 

If an employer chooses to close its business on a holiday and gives its employees time off from work with pay, it is completely up to the discretion of the employer, or the result of terms of a collective bargaining agreement, or due to the terms of an employment agreement between the employer and employee. 

California employers are also not required to pay their employees any special premium for work performed on a holiday, Saturday, or Sunday, other than the overtime premium if it applies (the premium that’s required for work performed in excess of eight hours in a workday or 40 hours in a workweek), unless the employer has a policy or practice of paying a premium rate for working on a holiday, or the employee is subject to a collective bargaining or employment agreement that addresses holiday premium pay. 

Although some California employers choose to pay their employees on holidays when they did not work (the employers was closed), it is completely up to the employers whether or not to do so. 

In the case of the employer who does pay for a holiday not worked, any overtime due is based upon hours worked, more than eight in a workday or more than 40 in a workweek, and not upon pay received. 

The full details of all laws on holiday pay are available on the California Complete Labor Law poster. 

 

Last 10 posts by Adrianne

• Kentucky Holiday Pay - April 26th, 2006
• Illinois Holiday Pay - January 31st, 2006
• Alabama Holiday Pay - January 31st, 2006
• Florida Holiday Pay - January 4th, 2006

1. Posted by: Aaron Nottingham

   My shop was closed on the holliday. I was not paid, should I been given a choice to work if not being paid for the holiday?

2. Posted by: Adrianne

   Hi Aaron! For a complete answer to your question, please post it on our HR forum at http://www.laborlawtalk.com. And, thanks for reading the blogs!~Adrianne