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  • New York State Holidays New York

    Answer obtained
    Last edited by hrmdnyc; 12-30-2008, 09:40 AM. Reason: Deleted

  • #2
    If you are talking about paying people only, then employers are mostly not required to pay people for holidays (federally approved or not). The big exception is when the employer has chosen to classify employees in a certain manner to get preferred handling on paid overtime treatment. No employer is forced to do this, but when the employer chooses to do this, the employer also becomes subject to the docking restrictions associated with that particular method. The docking restrictions might prevent the employer from not paying holiday pay to these employees, not because it is "holiday pay" but rather because the employer cannot legally dock the salary. The classes of employees effected are:
    - All employees paid on an Exempt Salaried basis.
    - While most employees paid on a Non-Exempt Salaried basis are not effected, there are two fairly obscure exceptions with docking restrictions (Fluctuating Workweek and Belo Plan).

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    Not your question, but federal approved holidays do effect what a legal pay day can be, and this in turn can effect when payments are due under state law.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Federal holidays only apply to Federal employees. In no state are private employers required to provide any paid (or even unpaid) holidays at all. It is entirely up to the employer which holidays, if any, to provide.

      The above assumes that no legally binding contract or CBA specifically says otherwise.
      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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