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Forced Floating Holiday Florida

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  • Forced Floating Holiday Florida

    Today, my employer told our all non-exempt workers that they were all required to take a floating holiday during the next three days to avoid the employer having to pay Holiday Pay at time and a half, as provided for in our Employee Benefits Manual for Thanksgiving. All of those in my particular position with the company are trying to achieve sales goals for this month. The day off will negatively effect our ability to achieve the levels of sales commissions were this floating holiday not forced. This policy was just announced today, the day before Thanksgiving, and the last full week of the month. The policy deters our ability to achieve the sales goals levels to earn comparable commissions, were we allowed to work.

    This is not a regular floating holiday that is accrued or provided for in the Employee Benefits Manual. It is simply a forced day off with pay to avoid time and a half for Holiday Pay. Further, you cannot take accept floating holiday for use during any other time period other than this week.

    Is this legal?

  • #2
    Yes.

    The employer, not the employee, decides what hours are to be worked. If he says you take one day off this weekend, then you take one day off this weekend.

    BTW, neither Federal nor Florida law required holiday pay at time and a half. Only Massachusetts and Rhode Island, and sometime Connecticut, require premium pay for working on a holiday, and no state requires time and a half for time unless the employee WORKS more than the requisite hours per day/week. No law anywhere in the US requires that time paid but not worked be included in overtime calculations.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      cbg, I am so thankful for your prompt reply and the information you shared. It is clear, concise and very logical.

      Thank you so very much!

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