Holiday Pay Law Requirements in the State of California (CA)

California observes the official federal holidays which are New Year’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day as well as days celebrating birthdays or notable people including Martin Luther King, Jr. Day, Lincoln’s and Washington’s Birthdays, and Cesar Chavez Day.

As in many states, California employers are not required to pay their workers holiday pay when they close for business on official holidays. If an employee works on a holiday, they are paid their usual rate of pay unless it is the employer’s policy to pay extra rates such as time-and-a-half. California law does not require the employer to pay any additional pay if an employee works on the day of a holiday unless it is part of their common practice or if the employee has worked in excess of a 40 hour, 8 hour per day work week. Saturdays and Sunday are also paid at the same rate as hours worked during a weekday. In addition, California law does not require its employers to close for business on any holiday or to give their employees the day off for a particular holiday.

Holiday or weekend pay is given to workers at the discretion of the employers according to company policy, the practices adopted by the employer, or the terms agreed upon between the employer and the employee.

The Division of Labor Standards and Enforcement (DLSE) enforce Labor Code statutes, investigate public work complaints and discrimination, and enforces Labor Code statutes among its many duties. At the same time, The Division of Labor Statistics and Research (DLSR) and is dedicated to collecting, compiling and presenting accurate statistics and research regarding the current condition of labor in the state of California. Combined, these two agencies are dedicated to achieving the highest quality of service possible for the people of California.

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148 Thoughts on “Holiday Pay Law Requirements in the State of California (CA)”

Nicole

July 4, 2014 at 11:23 am

Hi,

I work for a company who per policy, according to our HR person, does not pay OT if an employee works more than 7 days but rather when a person works over 8 hours a day. Recently, I’ve worked 9 days straight within a pay period, 7 of those days were in one week, and I was told that I would be paid my regular rate.

I have also been told that because I am part time status, I do not qualify for holiday pay.

Is this all legal?

Amelia

July 4, 2014 at 5:38 pm

Hi Nicole,

From what you’ve posted, this may be a wage payment violation in CA, depending upon the company’s established payroll week. As you probably know, California has the strictest overtime payment laws in the nation. The state requires that an employee be paid overtime (1.5 times the employee’s usual rate) when he or she works more than 8 hours per day. The state also requires that the employer pay overtime when an employee works more than 6 days in the payroll week.

Double time is required if the employee works more than 12 hours per day, or works 7 days in a payroll week. Every employer must define a payroll week, and it cannot vary from pay period to pay period. (Maybe you aren’t clear on your employer’s payroll week?)

If your employer genuinely doesn’t pay overtime to an employee who works 6 or 7 days in the payroll week, that would be unlawful. However, the key phrase there is “the payroll week.” Many companies have workweeks or payroll weeks that do not start on Sunday or Monday. Every company must have a defined “payroll week” and a payroll week is not the same as a pay period (which can be 2 weeks or more.)

If you worked 9 days straight, but 4 days were in one payroll week and 5 days were in another payroll week, the employer does not owe you any overtime. If you worked 6 or 7 days in one payroll week (not pay period) then the employer owes you overtime.

There is no federal or CA law that requires the employer to pay you when you are off on a holiday. If you actually work on the holiday, like July 4th, then you are entitled to payment for that time worked, as usual. If the employer has a written policy or established practice of paying all part-time employees holiday pay when they are off, then you may be entitled to payment. However, even in California, the overwhelming majority of employers do not provide part-time employees with the benefit of paid holidays. (It’s completely legal for an employer to provide paid holidays for full-time employees and not for part-time employees. Providing paid holidays for some part-time employees, and not others, would be a problem.)

edgar

July 4, 2014 at 5:44 pm

Question, as an employer of a small janitorial business,

when paying an employee 25 hour per week, are they entitle to any holidays?

Amelia

July 4, 2014 at 7:38 pm

Great question, Edgar! California law does not require an employer to offer paid holidays to employees. (Some states do, but California does not.) If you do offer paid holidays, it’s okay to grant them to full-time employees and not part-time workers–as long as you are fair.

Obviously, if an employee works on the holiday, he or she is entitled to payment. That payment must include any overtime earned, just as in any other payroll week. If the employee does not work on the holiday (or the business is closed) CA law does not require that the employee be paid. Paid holidays are a great benefit for an employer to offer, but they are not required by law in CA.

However, California also requires that employers honor the benefits promised in their employee handbook. If your written employee handbook promises workers paid holidays (or you have a well-established unwritten policy in place) then you must provide those benefits. The same is true if your handbook promises employees a higher rate of pay for working on the holidays. Many employers who offer paid holidays to full-time employees do not offer this benefit to part-time employees and as long as you enforce this policy consistently, that’s lawful in CA.

edgar

July 5, 2014 at 12:10 am

Question,

When a 25 hour/ week part time employee doesn’t want to work on four of july, can I fire that employee

Amelia

July 5, 2014 at 9:31 am

As an employer, you have the right to require that employees work on holidays. To be a good employer, you should exercise this right fairly…meaning not require that one employee work all the holidays while another employee take all the holidays off.

If you schedule an employee to work on a holiday, and the employee does not show up, you have the right to discipline the employee. That would include giving the employee a written warning. If the employee doesn’t follow the usual procedures for reporting the absence ahead of time, or has a history of excessive absences, or has been written up multiple times, then you have the right to terminate the employee. (In most states you have the right to terminate the employee anyway, but we’re talking about good employment practices here.)

Two important items to keep in mind: It’s appropriate to discipline employees for their actions, not their thoughts. So a reasonable employer would not fire someone simply because the employee said, “I’d rather not work on July 4th.” Instead, the employer would explain that everyone has to work a few holidays each year, and schedule the employee as usual. A second factor to keep in mind is that it’s a best practice to treat part-time employees as valued team members, just as you do full-time employees. Although there may be differences in benefits, there should not be differences in the level of respect. So it would not be good HR practice to always give full-time employees the day off on holidays and require part-time employees to work.

Finally, we’ll say that it’s understandable that different employees have varying priorities. Some workers may be happy to work on Christmas and New Year’s, but strongly want July 4th off. A good employer will have a system in place so that each employee is scheduled to work a few holidays per year. He will also encourage employees to trade shifts with each other (without creating overtime) so that everyone can have a reasonable quality of life while working a few holidays.

Mary Resella

July 5, 2014 at 11:17 am

I work an 8 hour day from Monday to Thursday every week. Am I considered a full time or a part time employee under the California labor law?

Amelia

July 5, 2014 at 12:21 pm

Like most states, California does not regulate who is considered full-time and who is considered a part-time employee. This is a matter between the employee and the employer. Many employers consider anyone who averages less than 35 hours per week part-time. Others consider someone who works 28 or 30 hours per week full-time.

The state does require that employers honor working conditions promised in the employee handbook, so check your handbook to see if it defines full-time employment and what benefits it offers.

Jose

July 7, 2014 at 1:09 am

Question
As a corporation, need to pay to the employees if they work on 4th of July?

Amelia

July 7, 2014 at 4:57 am

Thanks for posting a great question, Jose. In California as in every state, you are obligated to pay employees for the actual time they work on any day, including July 4.

But we suspect your question is really “Are we required to pay employees for the time they work, plus holiday pay, on July 4th?” The answer is that the state of California requires that employers honor the benefits promised in the employee handbook. If your company does not offer paid holidays, or July 4th is not one of the paid holidays, then the state will not force you to do so.

If you do offer July 4th as a paid holiday, then there are really two options to fulfil your obligation to employees who work on that day. You can pay them for the time they work plus 8 hours of straight time for holiday pay. Or, you can give the employee an additional day off during the same payroll week, with 8 hours of holiday pay.

Feel free to post an additional question, if we didn’t understand your query.

July 7, 2014 at 4:11 pm

I have a question…
I have two employees who are on Workers Compensation Injury leave and have not worked for a few weeks now. Are they entitled to Holiday Pay for 4th of July if we pay all employees for that holiday? What about an employee who is injured at home but it’s not workers comp?

Amelia

July 7, 2014 at 4:46 pm

Thanks for posing a great question, Isabel. The short answer to your question is “maybe.” Check your employee handbook or other written holiday pay policy. Most employers do not pay “all” employees for holiday pay. The overwhelming majority of employers have a policy in place the the employee must not be on workers’ comp or any type of medical/family leave, in order to qualify for holiday pay. The wording may include something like “active” employees are entitled to holiday pay, and then a definition of active employees. (Many employers also require that employees work their normal schedule before and after the holiday, in order to receive holiday pay.)

However, in California, the state requires employers to honor the benefits promised in the employee handbook. So if your handbook or other written policy really states that “all employees” will be given holiday pay, then you must do so.

amy

July 15, 2014 at 6:49 pm

Just realized my employer is “punishing” me by not paying me for the regularly paid holiday of July 4th because of a misunderstanding between my supervisor and I that week. I had put in for vacation a couple days that week and never heard back, which is typical, no news is good news, made plans and few weeks prior they tell me I can’t have off. I tell them I’m still taking off to which he replies he’ll get back to me. Well, he never did….so I did take off and now I’m getting written up and being told I could get fired, etc….anyway, I just noticed they took away the 8 hours of holiday off my time card for July 4th and everyone else will be getting this regularly paid holiday. Is this OK for them to do? Thanks

Serene Zhou

July 16, 2014 at 1:01 pm

Monday to Thursday, I worked 10 hours a day and take Friday off. Do I get overtime pay?

Catherine

July 17, 2014 at 10:01 am

I have worked on Salary (which I was told was based on a 40 hr, work week) in CA. since 2012, as such if I worked over 40 hours, the company has me fill out a rate-2 timesheet along with my salary timesheet, rate-2 is my base pay in addition to salary. I have explained that in CA a salaried employee must meet criteria for exemption of overtime (which I do not) and was ignored. In April another employee raised the same question and was moved to hourly with a $1 an hour raise. This week myself and others have been moved to hourly, and one other was given a $3 raise to be eligible for exemption, because I shared the companies insurance notice regarding exemption pay as of July 1, 2014 with the Director and she decided to finally comply with the law. But will not acknowledge any exemption compliance issues before that time.
I was made to redo my salary and rate 2 timesheet, into an hourly timesheet for the two weeks prior and told from here forward, I was not to work any hours over 40 hours without approval, which is fine, but she has had me sign at least two acknowledgment memos stating that she has complied with CA exemption law as of July 1, 2014.
Am I wrong to think she is missing the interpretation of the CA exemption rule and that I and my fellow employees who were misclassified are owed wages due for past time periods?

Amelia

July 17, 2014 at 11:46 am

Catherine, your question made us chuckle a little. No, it doesn’t sound like your employer is missing anything. This is exactly how many employers would act if they knew very well that they had violated the CA exemption law…by asking you to sign a paper that says they haven’t. Without knowing all the details of your situation, it certainly appears that the employer now knows she was paying you improperly (or perhaps she always knew that.)

You are well within your rights to file a wage claim for unpaid overtime with the California Department of Industrial Relations. You have a limited amount of time to file the claim. By law, the employer cannot retaliate against you for simply filing a claim, even if it turns out that you are not owed any money. (However, this employer has already shown that she doesn’t have a lot of respect for the law.)

Amelia

July 17, 2014 at 12:42 pm

Serene, this relates to California overtime law. The short answer is “not necessarily.” Generally, California requires that an employee be paid overtime when he or she works more than 8 hours per day. However, CA does permit an alternative workweek, where the employee works 10 hours per day, four days per week, every week. In that case you would not be entitled to overtime for working your standard schedule.

Amelia

July 17, 2014 at 6:34 pm

Amy, it sounds like your workplace has really terrible communication…but yes, this is probably legal. Let’s recap what this looks like from the employer’s perspective. You asked for permission to use a few vacation days during the week of July 4th. That request was denied. You took the time off anyway. Yes, in most states, the employer has the right to discipline or even terminate (fire) an employee who does not work her scheduled shifts. Most employers have a policy in place that an employee who does not work her scheduled shifts before and after the holiday, is not entitled to holiday pay.

While we sympathize with your dilemma, it’s probably not wise to assume that silence means “yes, you can take your vacation.” It would probably be wiser to assume that no answer means, “no, you cannot take those vacation days off.” If the vacation days had been approved, the situation would be different, but it’s clear they never were approved. In any state, the employer can dictate when you use your vacation…you don’t necessarily have the right to use it when you’d like.

Still, you are in California, and the state requires employers to honor the benefits promised in the employee handbook. If the handbook promises specific procedures for approving vacation requests, and the employer did not follow them (or the employer makes it impossible for you to take your vacation all year) then you may have recourse.

At the very least, you should respectfully request that your employer establish a procedure for requesting and approving vacation time. At most companies, this is done in writing, using a special vacation request form. But again, silence would normally mean the request was not approved.

Nick

July 19, 2014 at 12:11 am

Hi, I am a salaried restaurant chef and work more than 8 hour/day, 40hrs/week. The restaurant does not mention anything about exempt employee or non-exempt, and no company handbook or policies to follow.
My question is: Do I get OT? and is it legal if the restaurant deducted salary for the closure of 7/4?

Amelia

July 21, 2014 at 11:56 am

Nick, your questions really underscore the fact that too many restaurant owners are not well-informed about wage payment laws.

There are some exceptions, but typically a salaried employee is an exempt employee. Restaurant chefs can be salaried employees if they supervise others, order food or manage the kitchen and meet other qualifications. It would be very, very unusual for a restaurant to put someone on salary if he was not considered an exempt employee. If you are not being paid overtime when you work more than 8 hours per day or more than 40 hours per week, your employer is classifying you as an exempt employee.

The good news is that an exempt employee is entitled to payment of his full salary for the week if he a) works any time during the week at all and b) is ready, willing and able to work. If you worked on another day of that payroll week, and the restaurant was closed for July 4, you are still entitled to payment of your full salary for the week. (CA law will require that the employer honor any benefits promised in the employee handbook. But even if the employer does not offer paid holidays to hourly workers, he must pay the same salary each week to exempt employees, regardless of the number of work days.)

It seems like your employer wants it both ways…he wants to avoid payment of overtime, but also avoid payment of the full salary every week. That’s not consistent with CA and federal wage payment law, unless you are leaving important details out of your question.

gloria

July 22, 2014 at 12:09 pm

Hi,

Just spoke with my employer regarding my missing holiday pay for the 4th of July which the company observes as a paid holiday.

I work 12 hour overnight shifts. In the past we were compensated for holiday pay if we worked any part of the holiday.

On July 3rd my shift started at 7p and ended on July 4th at 7am. Now in the past my holiday hours would be calculated from July 4th at 12:01 am to July 4th at 7am; I would earn 7 hours of holiday pay.

Today my employer explained that in January 2014 they changed how holiday pay is computed.

Holiday pay for the 4th of July started at 7am and ended on July 5 at 7am.
She explained that this is the new policy regarding holiday pay.

Technically, so I believe, the start of holiday pay should be calculated from 12:01 am on July 4th and end at July 5th at 12:01 am.

Am I confused?

Amelia

July 22, 2014 at 2:41 pm

Hi Gloria, we wouldn’t say that you are confused, only that the employer has the right to establish many workplace policies…and that the employer also has the right to change those policies.

The state of California does not require an employer to pay workers a higher rate when they work on a holiday. They do require employers to honor any benefits promised to employees in the employee handbook, or similar written policies. If there is a collective bargaining (union) agreement in place, the employer must abide by that contract.

There is no state or federal standard that defines holiday pay as beginning at midnight on the holiday (July 4, Christmas or whatever.) Each employer has the right to define what “holiday pay” means at their company. Many, many employers with overnight shifts ending at 7 am follow the procedure your company is now using. Under this system, an employee who begins a 12-hour shift at 7 pm on July 3rd is not entitled to any holiday pay at all. An employee who begins a 12-hour shift at 7 pm on July 4th would be entitled to holiday pay for the entire shift. Many companies see this policy as more fair, because (they reason) it is the employee who has to go to work at 7 pm on the special day that is being inconvenienced. Or at least, more inconvenienced than the employee who worked the night before.

To put it another way, your employer pays holiday pay for all hours worked between 7 am on July 4 and 7 am on July 5. It sounds like in 2013 your employer had a policy to pay holiday rates for all hours worked between midnight on July 4 and midnight on July 5. Either policy is reasonable and fair. As long as the employer notified you in writing (perhaps via memo or a new employee handbook) and applies this policy to every employee, it’s both legal and fair.

For other readers, we will emphasize that there is no law that would require an employer to pay a higher rate to employees who work on a holiday. This employer simply chooses to do so.

David

July 28, 2014 at 11:37 am

Question: I work full-time 8 hours a day M-F, but I get unpaid Holidays. If a holiday falls on a friday, what’s the law regarding make-up time for a full day? Can I work 10 hours M-Thur to make up for the holiday? Any information would be helpful, so I can present an argument to my employer. Thanks!

Amelia

July 29, 2014 at 8:11 am

David, there is no California law that requires an employer to make extra work hours available to you during a workweek that includes a holiday, if you are an hourly employee. (Different rules apply for salaried exempt employees.) California law does not require that employers offer paid holidays to employees. Nor does the state require that an employee who normally works 40 hours per week, be allowed to work 40 hours during a holiday week. If the employer closes the business one day that week, the employer can simply schedule the employee for 32 hours and pay him for that time.

This is essentially what “unpaid holiday” means–time off without pay.

Some employers would allow or require employees to make up the missed work time, but there is no law that they must do so, unless this working condition was promised in an employee handbook.

Katrina

July 30, 2014 at 3:36 pm

Hello,

I have a California company that does pay holiday pay at time and a half. If I worked 8 hours Monday thru Saturday and the holiday was Monday how are my 8 hours treated on Saturday are those overtime or regular hours? I have read online a couple different things about “pyramiding overtime”. If an hour worked is paid at the daily overtime rate, that same hour is not used in the calculation of forty hours for the purposes of weekly overtime pay. So with the company policy of 8 hours at time and a half on Monday for the holiday, would my 8 hours worked on Saturday qualify for an additional 8 hours at time and half, because I would have worked 48 hours for the week?

Amelia

August 1, 2014 at 9:27 am

Katrina, you are correct that the concept of “pyramiding overtime” applies here. When you work 48 hours in a payroll week, you are entitled to 8 hours at 1.5x your usual rate, under both CA and federal law. By paying you time-and-one-half for Monday, the employer has fulfilled that legal obligation. Some employers would pay an additional 8 hours of overtime in addition to holiday pay, but there is no law that they must do so.

However, CA law requires that the employer honor promises made to employees, including those in the employee handbook. If the employer has a policy or longstanding practice of paying 8 hours holiday pay + 8 hours overtime for 48 hours, then they need to do so in your case.

Keith

August 1, 2014 at 7:19 pm

Are California overtime laws the same for Non exempt salaried employees the same as regular hourly employees?

DanielleL

August 2, 2014 at 9:01 am

Hello!
I am a part time employee at a winery. I’ve only been there two years and don’t have THAT much vacation time. My co worker (who is not part time) asked me if she can work a day that I was scheduled to work and I can take her day she was not working. I said okay. My boss called me when I was off and asked if I wanted to use a vacation day. I said no. She said by the end if the month I have to.. Is this legal? Why do I HAVE to use a day when I don’t accrue that much anyways? I would like to save it for when I actually want a vacation, not just taking someone’s day off. If I switch a day with a co worker why can’t it just be treated as me being scheduled one less day that week?

Amelia

August 2, 2014 at 10:54 am

That’s a pretty broad question Keith, but generally speaking yes, California overtime laws are the same for your non-exempt salaried employees as for hourly employees.

Amelia

August 2, 2014 at 11:06 am

While we admire your initiative in creating your own work schedule Danielle, many employers would have a problem with this behavior–and rightfully so.

Your employer has the right to determine your work schedule. This is not a private matter between you and your coworker–it’s 100% up to your employer. An employee who doesn’t work her scheduled shift can be disciplined and if it happens repeatedly, she can be fired. This is true, even if someone else did show up for the shift.

If your full-time coworker worked an extra day, there’s a good chance that put her into overtime, which is an unnecessary expense for the employer. The employer may have other reasons for scheduling as he or she does–for example, scheduling the strongest employees on the busiest days. Ultimately, it really doesn’t matter…an essential part of management is scheduling employees. An essential part of being employed is showing up for your scheduled shifts.

Many employers have no problem with employees trading shifts within the same payroll week as long as a) the trades are approved by management in advance and b) it doesn’t result in anyone being paid overtime. For example, you might agree to work for Maria on Tuesday if she works for you on Wednesday. If you clear it with your manager in advance, many companies would not have a problem with it. However, simply deciding to do it on your own would be a major problem for many employers, and we can understand their annoyance.

In any state, the employer has the right to tell you when you can use your vacation. We suspect that your employer is forcing you to take a vacation day instead of a harsher punishment for this infraction.

Michelle

August 2, 2014 at 11:58 pm

Hi, my question is, we have drivers that has day off on weekdays because we asked to work on Sat and Sun. Do I have to consider Sat and Sunday overtime? or regular hours? I understand paying them overtime after 8 hrs but I’m confused on treating weekends work. Please advise. TY.

Amelia

August 3, 2014 at 6:05 am

That’s a great question, Michelle! There is no requirement under California or federal law that you pay a higher rate on Saturdays or Sundays. Employees are due overtime when they work a) more than 8 hours in a day or b) more than 40 hours in a payroll week. They are also due a premium rate when working on the 6th or 7th day in a payroll week. But if your drivers have two weekdays off, you can pay them the regular rate for working on Saturday and Sunday.

Keep in mind that we’re always here to answer your questions.

ana

August 20, 2014 at 10:00 am

I have question, my foreman at my work was on vacation 4 days of our payroll week and he came back on Friday and Saturday to work. Is he entitled to overtime for working on Saturday, he worked a 9 hour shift. Our payroll week starts from Monday thru Sunday. Please advise. Thank you, Ana!

Amelia

August 21, 2014 at 9:48 am

Ana, your foreman is not entitled to overtime for working more than 40 hours in the week, because only hours WORKED count toward overtime…not hours or days of vacation time. If your foreman normally works an 8 hour shift, he is entitled to one hour of overtime for Saturday, because he worked a 9 hour shift. Usual CA disclaimer: if your employee handbook promises something else, you must deliver on that promise.

Dana

November 17, 2014 at 1:23 pm

Historically, our employees are paid for holidays such as Fourth of July. I’ve noticed that for the year 2015 it falls on a Saturday. Our office, however, is only open Monday through Friday. Do we still pay the employees for the holiday even though it is a nonworking day?

Micah

November 17, 2014 at 2:31 pm

Hello,

My employer does not pay for any holidays. I realize that this is not a requirement by federal law, albeit demoralizing. Is there somewhere where I might be able to see the average holiday pay percentage for California employees?

Thanks,
M

Cecilia

November 17, 2014 at 3:50 pm

I am being forced to take the day before thanksgiving (11/26) off without pay – I have a key to the office and have plenty to do and said I would rather work than lose out on my pay and they refused to allow me to work – do I have any rights in this matter?

Eve

November 24, 2014 at 3:24 am

Hello, I have two questions.
I am a dispatcher for a private security company, myself and my fellow dispatchers each work 12 hour shifts, we are provided with one 30 minute break and two 15 minute breaks. We are considered full time employees and, we get 40 hours per pay period, working 4 days one week and 3 days the next, alternating as such each week. We do not get any OT unless we are called in on a day off to pick up someone else’s shift in the event of a call-off. My question is, should we be getting OT for working over 8 hours in a day, or does OT go by the outlined pay period? As a side question, is it up to the employer if they want to pay time & a half or double time for federal holidays? Thank you very much. :)

Eve

November 24, 2014 at 3:33 am

Hello, I have two questions.
I am a dispatcher for a private security company, I work 12 hour shifts with one 30 minute break and two 15 minute breaks. I work 3 days one week(pay period) and 4 the next, alternating as such. Should I be receiving OT for each day I work over 8 hours a shift, or does OT go by the number of hours in the outlined work week? My other question; is it up to the employer weather they want to pay time & 1/2 or double time for federal holidays, i.e. thanksgiving and Christmas?
Thank you! :)

Shawn Miller

November 24, 2014 at 8:53 pm

so I am an employee who works for a company and my employer has stated that they are paying holiday pay for Thanksgiving day and the Friday after Thanksgiving. My employer also stated that if we were to miss work for any reason during our work week (mon-sun) that we would not be getting paid for Friday but still for Thursday. Is this legal???

Ana

November 25, 2014 at 6:29 pm

If an employer works employees from Mon-Fri, and has a mandatory Saturday in which the employee calls in sick. Can the employee submit 8 hours of sick leave and get paid for it? Is there any law on this?
Thank you.

Kay

November 27, 2014 at 12:20 am

Hello
Oir company has operated from Mon to Fri (5days) for all employees.
however recently company try to set up Monday to Sat (6days) for less 7hours per day & less 36hours per week Only One department employees who work outdoor working.
Other employees are off but only one department set up for 6days…
Can we ask the employor to pay overtime for Saturday even if we work less 7days per day and less 40 hours per week?

Rita

December 3, 2014 at 3:36 pm

If an office decides to close at noon for Christmas Eve (for a 4 hour work day) and an exempt employee requests to use accrued vacation or PTO so they have the full day off…is it ok for the employer to deduct a full day (8 hours) of accrued time since their policy is vacation/PTO may be used only in full day increments?

Kelly

December 7, 2014 at 4:38 pm

Hello. I work in an office who’s open Monday-Friday normally. We are closed December 25 & 26th because of Christmas. We are paid on the 25th but we are not paid on the 26th. I am a full time employee. If I don’t have the option to work on the 26th shouldn’t I still be paid? Employees can use pto on the 26th but I will not start accruing pto until December 28th. Do I just have to lose a day of pay?

Cherie

December 9, 2014 at 2:50 pm

Question: My husband works for a company that recently changed my husbands position from a full-time salaried position to a full time hourly position. They told us they had worked it out so that it would not cause any change in pay, but once the change was put into place it was $300 less per a month. We had to move out of our place to find something cheaper and now following Thanksgiving where the business was closed for two days he lost an additional $150 for this month. While I understand it is legal to have unpaid holidays there is a little confusion with how the vacations work now. He currently had 39 hours of vacation time on the books, for the holiday he missed out on 16 hours of work, so I thought that those 16 hours would be taken from vacation, but they only pay 50% vacation time. In other words he got 8 hours of vacation for the 16 hours he took. This seems unfair. He is not even the one choosing to take the vacation. In addition they will be having a 2 week break at Christmas time and the same rules apply so he will be getting less than half a pay check and will be forced to use all his vacation time. Is this all legal? Can they really expect people to not have full pay checks every month? Had we known this were going to happen we could have saved throughout the year, but since they changed his original pay agreement we have not done this and are unable to provide for our family

kim

December 9, 2014 at 4:30 pm

We run a small food take out business in CA. I reading the notes on part time vs full time it says CA is not specific on the number of hours and employee is considered full or part time. we have noted in our manual and have hired all part time employees. How many hours per week can we schedule a part time employee for? Up t0 40?

Rea Cotugno

December 11, 2014 at 7:04 am

My husband is a contractor/temporary employee directly with the company he is working for. They have a floating holiday, which covers 12/21 – 01/02/2014. They’ve already denied him holiday pay for Thanksgiving due to the status of his employment with them. But now they are taking two weeks off by their own discretion, which means he will not get paid at all. Do they need to pay for the days he could be working but is being forced to take off because it’s the companies “holiday”? Sans the actual holiday days?

jenn

December 16, 2014 at 12:13 pm

I work as an account manager in an office. When I was hired my boss told me I would be getting paid holidays. He has decided to close also the day after christmas and new years because they fall on a friday but has stated since its the day after the holiday and they are closing I will not be paid. Is this legal?

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