oprah
11-29-2007, 09:50 AM
Here's a question...I work for a large company who offers holiday pay for their employee's. We also have a large # of union workers in our industry. I actually work for the office and am a non-union employee. I'm wondering if there is a law that requires CA employers to pay their employees double time for working on holidays, IN ADDITION TO the 8hrs holiday pay already granted through the company. When my boss explains it to me, they say "your double-time is your 8 hrs holiday pay and 8hrs regular time, which equals double-time"....But shouldn't I get double-time on top of the 8 hrs holiday that they already give me?, essentially 8 hrs holiday AND 8 hrs double?
Massachusetts, Rhode Island, and possibly CT (the CT law is unclear) are the only states where an employee is EVER due a premium for working on a holiday, and even in those states the premium is only due for some employees, on some holidays, and only at the rate of time and a half. There is no law in any state requiring double time for working on a holiday, and in CA (as well as 46 other states) the only thing you are due is straight time (regular overtime laws for working over 40 or, in your state, over 8 hours in a day apply).
So if you are receiving anything more than straight time, you are getting more than the law requires.
JulieBean
11-29-2007, 09:57 AM
So if I understand this correctly, you're getting paid 8 hours holiday pay IN ADDITION TO the 8 hours you are phyically at the office working?
Where can I sign up? :D
Employers are not even required by law to pay holiday pay, that is completely up to them. *to clarify, this is if you're not working*
If our guys don't work on the holiday, they get holiday pay. If they choose to work on the holiday, they get work pay and no holiday pay.
I've never heard of an employer doing both.
CA is not my state and I've never heard the double-time rule, so I'll wait for someone to come along and address that.
Pattymd
11-29-2007, 10:05 AM
http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
martinigirl
11-29-2007, 10:12 AM
In CA, the only holiday doubletime I know of is for the construction industry and only for contracts with the state of California.
Consider yourself lucky to be paid what you are which is above and beyond legal requirements.
Refer to this link: http://www.dir.ca.gov/dlse/Glossary.asp?Button1=H
And just because an employee works on a holiday does not mean that the employer must pay the employee at a rate other than the employee's regular rate of pay, as any premium pay to reward the employee for working on the holiday is entirely (1) at the discretion of the employer, or (2) pursuant to the terms of a collective bargaining or similar type of agreement, or (3) pursuant to the terms of a private agreement between the employer and employee.
And if an employee gets a paid day off for a holiday, such day is not counted for determining overtime for that workweek as no hours were worked on the holiday.