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Holiday Pay California

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  • Holiday Pay California

    I have a question about Holiday Pay, I work for a company in California and they are paying each employee for the Friday before Christmas. That is considered our Holiday. The HR department posted a Memo in the work place that all employees. In order to be eligible for holiday pay. You must work your regularly schedule shift on the work day immediately prior and the first workday immediately after the designated holiday. Unless you have received prior for schedule change or and you have available vacation accrual to apply to your schedule absences all time off request must be submitted to HR a day before the Holiday brake.

    Now with that posted the company is not going to pay some employees be because they were late the day before or the day after the holiday. The late I am talking about in One to Five minutes late to clock in.

    I wanted to know if this was legal.

    The employees that are not getting paid feel like they are being singled out.

    Is there anything that can be done about this?

    Please Help!!!!!!!!!!!!

  • #2
    Depends on the employee:
    - If you are talking about employees that are both Exempt and Salaried, then the federal 29 CFR 541.602 rules associated with that class of employee would override your company's policy.
    - Past that however, the law pays people based on actual time worked. There are no laws requiring holiday be paid at all, and a holiday policy that is not illegal on it's face (say paying holiday to women and not men) is generally legal. I have worked for employers who had legal holiday policies not dissimilar to what you describe.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      FYI, this policy is extremely common and with the caveat noted by DAW, is legal in all 50 states.
      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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