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Holiday Pay for Exempt Employee

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  • Holiday Pay for Exempt Employee

    I have recently begun working for a new employer and I am a salaried exempt employee. I am paid every other week on Friday. On my last paycheck I noticed that I was only paid 72 hours as opposed to the normal 80 hours that appears. The lost "8" hours was for the Labor Day Holiday, that had just past and the office was closed. When I contacted the HR department (My company uses and outside HR firm), they advised me that I am under the 90 days. And according to the company, that I am employed through, they do not pay any holiday pay for any employee during there first 90 days.
    I was surprised at this news because I am a salaried employee. I have also worked for several other employers and usually there is a signed agreement regarding the employees first 90 days. I have checked every document and the HR booklet they gave me only to find nothing. I have asked the HR for a copy of this in writing, regarding this policy, and have yet to receive anything. I am curious what is the California law regarding Holiday pay and exempt employees?

  • #2
    The law is the same in all 50 states regarding exempt employees and holiday pay, since it is Federal law. An exempt employee MUST be paid holiday pay, no matter what company policy may say about it, since there are only a VERY few reasons for which an exempt employee can be docked and a holiday is not one of them.

    There is more information regarding holiday pay on the Labor Law forum in my post stickied to the top.
    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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