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Unpaid Holiday California

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  • Unpaid Holiday California

    The company I'm currently employed with is an affiliate of a corporation. The corporation advised all employees we would receive the 26th of December off.

    Upon return, we received an email from our Mgr stating that we would not be paid on the 26th.

    Our Mgr. and/or Human Resources never informed us prior to the Holidays that we would not be paid for this date. They further did not advise whether or not we had the option to come in to work.

    Is this legal?

  • #2
    Are you exempt or non-exempt?
    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.


    • #3


      • #4
        Maybe legal. Maybe not legal. There is not inherent legal requirement in labor that employers ever pay holiday. It is possible that the employer's policies manuals rise to the level of an enforceable contract, although this is not normally the case, and all documents would have to be reviewed by a local attorney to determine if this was true.

        Past that under federal law (FLSA), not all employees are functional equal. While most employees are paid based on actual hours worked, there are certain classes of employees for whom the employer choose to classify employees in a certain manner that reduce or eliminates overtime requirements but at the cost of restrictions on docking the salary. For these types of employees only, this could prevent the non-payment of holidays. These classes of employees are mostly Exempt Salaried. In most states this would also include certain Non-Exempt Salaried employees paid under a Fluctuating Workweek or Belo Plan methods, but these methods are not legal in CA.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)


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