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paid legal holidays California

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  • paid legal holidays California

    Hi everyone, here's my question. I work for a small co. of 3 years. Untill this past 4th of july we were getting paid for the day off. What are the laws for paid hoidays. can a co. pay you and then say hey, we aren't making enough money...so we can't pay you anymore for legal holidays. What are the laws/rules for a small co, and can they cut your paid holidays? thanks

  • #2
    There is no law in any state that requires a private employer to provide paid holiday to non-exempt employees. Unless you have a bona fide contract or CBA that specifically says otherwise, paid holidays are entirely at the opt of the employer.

    It is different for exempt employees. While no law requires an employer to provide paid holidays to exempt employees, the law does spell out under what circumstances an exempt employee can have their pay docked. A day that would normally be a work day but on which the employer has chosen to close, is NOT one of those circumstances. Only if the exempt employee did not work at all during the work week in which the holiday took place, could the employer not pay the exempt employee's full salay.

    So regardless of what state you're in, if you did not work on the holiday and you are non-exempt, you need not be paid; if you did not work on the holiday and you are exempt and you worked the rest of the week, you must.
    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
      paid holidays

      Originally posted by cbg View Post
      There is no law in any state that requires a private employer to provide paid holiday to non-exempt employees. Unless you have a bona fide contract or CBA that specifically says otherwise, paid holidays are entirely at the opt of the employer.

      It is different for exempt employees. While no law requires an employer to provide paid holidays to exempt employees, the law does spell out under what circumstances an exempt employee can have their pay docked. A day that would normally be a work day but on which the employer has chosen to close, is NOT one of those circumstances. Only if the exempt employee did not work at all during the work week in which the holiday took place, could the employer not pay the exempt employee's full salay.

      So regardless of what state you're in, if you did not work on the holiday and you are non-exempt, you need not be paid; if you did not work on the holiday and you are exempt and you worked the rest of the week, you must.
      ok thanks very much!!

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