State of Kentucky Holiday Pay Information

April 26th, 2006 Posted by Adrianne

Holiday pay is not required by Kentucky law. The U.S. Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations, sick leave or holidays (federal or otherwise). These benefits are a matter of agreement between an employer and an employee (or the employee’s representative). 

Employees who work for certain businesses or organizations (or “enterprises”) are covered by the FLSA. These enterprises, which must have at least two employees, include those that do at least $500,000 a year in business; and any hospitals, businesses providing medical or nursing care for residents, schools and preschools, and government agencies.

Even when there is no enterprise coverage, some employees are protected by the FLSA. If any employee’s work regularly involves them in commerce between States (“interstate commerce”), the law covers individual workers who are “engaged in commerce or in the production of goods for commerce.” Some examples would be employees who produce goods (such as a worker assembling components in a factory or a secretary typing letters in an office) that will be sent out of state, those who regularly make telephone calls to persons located in other States, those who handle records of interstate transactions, those who travel to other States on their jobs, and those who do janitorial work in buildings where goods are produced for shipment outside the State. (Domestic service workers such as housekeepers, full-time babysitters, and cooks are normally covered by the law.)

When an employer chooses to pay for holidays not worked, unless specified otherwise, if an employee performs any work during the workweek in which a named holiday occurs, they are entitled to the holiday benefit, regardless of whether the holiday falls on a Sunday, another day during the workweek on which the employee is not normally scheduled to work, or on the employee’s day off. 

If employers choose to pay for holidays, they must pay full-time employee their full days’ pay up to 8 hours unless a different standard is used, such as one reflecting collectively bargaining. In the case of termination (voluntary or involuntary), any payment for unused vacation depends on the policy or past practice of the employer, as Kentucky does not specifically require that an employer pay an employee for unused vacation upon termination of employment. As for holidays, even if the employer pays for holidays, they are not required to pay a terminated employee for holidays yet to occur.

The Kentucky Complete Labor Law poster is available currently with the most recent changes to the Kentucky labor laws as well as the federal laws.

No Comments >> Posted in Employee Benefits,Kentucky,Paid Leave,Vacation

California Labor Law Board

April 14th, 2006 Posted by Kimberly

The California labor board holds the workforce of the great state of California in their hands.  Anyone that works in the state, as you and I do, should know what the laws are, what the punishments for breaking those laws are as well as what is happening within our state in the way of the workforce.  The Department of Labor’s labor board keeps all of these things in perspective for all of us to see and use.

One thing that is quite nice about the California labor board is that they provide most of the necessary information about being employed in the state right on their webpage.  For example, laws and practices that are governing such aspects of workers’ compensation, salary and wage management as well as unemployment are provided for anyone that needs to access it.  Likewise, those citizens that feel they may be need a helping hand in finding a job that they are qualified for can take full advantage of the job training, disability insurance, apprenticeship programs and unemployment insurance by tapping into the necessary information that is provided.

The California labor board also sponsors some help for those of us that need it in the way of finding a job.  They work with several organizations and with various programs to encourage workforce well being.  Some of those services include the California Business Investment Services, WORKSMART, One Stop Career Centers, Cal JOBS, and The California Economic Strategy Panel.  All of these programs are designed to help those that need to find a job the necessary skills to getting it.

Of course, those that are looking for the California labor board to find information about labor laws and regulations can find that easily accessible as the Department of Labor takes into consideration all of these laws and helps to enforce them as well. The full details of all the California labor laws can be found on the California Complete Labor Law poster.

6 Comments >> Posted in California,Compliance Issues,Department of Labor