Here's my story. I'm a retail manager in a small family owned company. I had Memorial Day off and was paid for it, worked 4th of July got time 1/2. No problems so far. I've recently had an argument with my employer as to laying out my own personal monies to cover business expenses; post office, staples etc. I would normally do these errands, however, he has been waiting 4 to 6 weeks to reimburse me, after repeated reminders from me to be paid. So I told him I would no longer be using my personal funds to take care of his business. He yelled and screamed at me and stormed off. Whatever. He is a very vindictive person. He cuts hours and makes shifts begin at unusual hours. I want to take Labor Day off and was wondering, if he decides not to pay me because I'm not there that day, is that within his rights as an employer? Doesn't the fact that he's paid me for other holidays require him to do that for all holidays, or is it at his discretion?
Also, I get a 1 week paid vacation this year, he has just recently told me that my vacation is contingent upon my sales, staffing and general all around adherence of company policies. That is certainly unenforcable, right? I was never told of this vaction policy when hired 1 year ago. Also, there isn't any employee handbook, reference guide or policy regarding anything. He makes things up as they happen.
I know, look for another job. But in the meantime......

Thanks for any help you can give.

As a manager, I'm going to assume you are being treated as an exempt employee (no overtime pay, right?).

If so, you must receive your full weekly salary for any workweek in which you perform any work (with limited exceptions that don't apply here). If the business will be closed on Labor Day, as an exempt employee, you must be paid for that day.


Even though I've NEVER heard of vacation accrual being dependent upon production or sales quotas being met, it would not be against the law for it to be that way. Do you have any type of contract or employment agreement that might rise to the level of a contract?

He can require that you take vacation time for Labor Day, though. All the law cares about is that you get paid; they don't care what bucket the pay comes from.

He can require that you take vacation time for Labor Day, though. All the law cares about is that you get paid; they don't care what bucket the pay comes from.

Good point. :)

I am not an exempt employee, I get an hourly rate plus commission. We are open all holidays except Thanksgiving and Christmas, if they fall on a weekday.
I did sign a non-compete agreement but nowhere did it state anything about holiday pay/vaction pay or company policy.
Thanks for replying so quickly.

OK, then, you needn't be paid for any time that you don't work. Holidays not withstanding. A non-compete would not, by its nature, have anything to do with benefits.

Agreed. Exempt employees must be paid for the full week any time they work any part of the week (with limited exceptions). Non-exempt employees need never be paid for any time they do not work. The fact that you have been paid for previous holidays does not legally obligate them to pay you for holidays in future.

I want to take Labor Day off and was wondering, if he decides not to pay me because I'm not there that day, is that within his rights as an employer?

If you are a non-exempt employee, yes.



Doesn't the fact that he's paid me for other holidays require him to do that for all holidays, or is it at his discretion?

The fact that he has paid for some holidays does not require him to pay for them all!! That he has paid for Independence Day last year does not obligate him to do so this year.

Also, I get a 1 week paid vacation this year, he has just recently told me that my vacation is contingent upon my sales, staffing and general all around adherence of company policies. That is certainly unenforcable, right? I was never told of this vaction policy when hired 1 year ago.

I see no reason for the revised vacation policy to be unenforceable. Vacation is not a requirement of law and the company can set whatever policies it wants. It may also change those policies, even though the changes can result in some disgruntlement.


Also, there isn't any employee handbook, reference guide or policy regarding anything. He makes things up as they happen.

There is no requirement for companies to have a handbook or policies (with some legally required exceptions, such as sexual harassment in my state). Employers often do make up the policies as they go along. Not a good way to work, but often not illegal.