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Exempt Employee and Holiday Pay ... Pennsylvania

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  • Exempt Employee and Holiday Pay ... Pennsylvania

    We have an exempt employee who works every week Tuesday through Saturday. Do we need to pay her any holiday pay or give additional time off for a holiday that falls on a Monday?

    As always, if you could point me in the director of what Labor Law contains the answer so I can show my employer, it would be appreciated. Thank you.

  • #2
    If by Exempt you mean Exempt and Salaried, then the 29 CFR 541.602 regulations are probably in play.
    https://www.law.cornell.edu/cfr/text/29/541.602

    Under those rules you cannot dock an Exempt Salaried employee for days involuntarily not worked. This would include holiday.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Holiday pay is not a required payment under labor law. In the case you describe the employee works Tuesday -Saturday. So they would receive their normal salary but no additional wages need to be paid because of the Monday holiday.

      An exception would be if by agreement between the employer and employee that they receive X number of paid holidays. Then you are going to owe the employee a day off.
      Last edited by Payroll Guy; 06-08-2016, 09:14 AM.

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      • #4
        We have one exempt employee on that schedule in TX and generally he usually takes off the Saturday before or after to make up for the missed holiday. How do you handle holidays that fall on Sat/Sunday for those that work Mon-Friday? I would propose doing the same for him.
        Last edited by hr for me; 06-08-2016, 11:20 AM.

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        • #5
          Lets say Bob is Salaried Exempt under 29 CFR 541 and makes $1,000/week. You cannot dock Bob for days involuntarily not worked. That would include holiday. You are not required to pay holiday in addition to salary, but you cannot dock salary for holiday no matter what your holiday plan says. No one is every required to make an employee Exempt Salaried, but at what point you do, you are required to follow the 541.602 rules, which includes restrictions on docking salaries.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment

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