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Holiday Pay in Minnesota

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  • Holiday Pay in Minnesota

    I work the third shift and our hours are as follows: 11pm - 7:15 am. We are being forced to work this sunday (easter). My shift and I will be unable to be with our families due to our need of sleep before work.

    My question is how can this not be considered for holiday pay? If first or second shift worked on sunday, they would have received overtime, however we do not. We even are required to write April 16th on all of our paperwork for that morning. It switches to April 17th when 1st shift comes in Monday morning at 7am.

    Im sorry if this sounds confusing or doesnt make much sense. I have talked to various people about this and so far everyone thinks its simply wrong. Does anyone have any suggestions? If so, it would be greatly appreciated.

  • #2
    There is only one state which requires overtime pay for working on certain holidays and under certain circumstances and that state is Massachusetts. In every other state, there is no law that requires additional pay for working on a company holiday.

    Regarding overtime, it sounds like your company has defined the workweek as beginning on Monday at 7 a.m. If you aren't sure, ask your supervisor or payroll on what day and time the defined workweek begins. Assuming you are a nonexempt employee (basically, hourly-paid), you must be paid overtime for all hours worked in excess of 40 in the workweek as defined by the employer.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      You understand that your employer has no legal obligation to provide holiday pay, right?

      No law in any state except RI, MA and CT (and only in VERY limited circumstances there) EVER requires an employer to provide a premium for working on ANY holiday. Overtime for working on Sunday is also not required by law except in MA.

      I've worked 3rd shift and I understand the difficulties. But I find it difficult to believe that you have to sleep the entire day in order to go on duty at 11:00.

      The business with the dates is standard for third shift.

      Sorry I can't give you the answer you want, but your employer is not violating any laws. It would be nice of them to pay you a premium for working on Easter but they have no legal obligation whatsoever to do so.
      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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      • #4
        Thanks, cbg. I stand corrected.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          We just dont understand how first or second shift can work on a holiday and get paid, while we dont, even though we have to write the previous days date all morning. If we work the morning of a holiday, they still dont give us holiday pay because of the fact we write the previous date all morning. Example: If we worked tonight they would not pay us for holiday pay because it would be the 15th on all of our paperwork. So basically every shift is entitled to holiday pay but ours.

          Most families have get togethers around lunchtime, or the early afternoon. However I go to bed at noon. Thus I will be unable to attend, along with most people. Its not a matter of sleeping ALL day, its just the holidays are always ruined for us because we need sleep.

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          • #6
            Since they are not required to provide so-called "holiday pay" at all, if they want to offer it to first and second shift and not to third shift, they may do so. It's not illegal discrimination because being on third shift is not a protected characteristic. It may or may not be unfair, but it is legal.
            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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            • #7
              Originally posted by cbg
              Since they are not required to provide so-called "holiday pay" at all, if they want to offer it to first and second shift and not to third shift, they may do so. It's not illegal discrimination because being on third shift is not a protected characteristic. It may or may not be unfair, but it is legal.
              Well then, the government is silly What ever happened to equality?

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              • #8
                They may be thinking that you had the whole holiday off which the other shifts didn't have; no one told you you had to go to bed at noon. I worked third shift two nights a week for fifteen months until as recently as last week; I never went to bed any earlier than four o'clock and not always that early. I was in a 7/24/365 environment; SOMEONE had to be there 100% of the time, including all holidays. If your day off fell on the holiday, great; if it didn't, too bad.

                I'm not unsympathetic; tomorrow will be the first holiday I've had off in three years; just luck of the draw. My family lives out of state; even when I had Christmas off for two years I couldn't be with them because I had to work the 24th and 26th. But the employees who worked first and second shifts had it worse than I did; I got to have SOME time with the friends who invited me to be with them, while they were working during the day.

                But the fact remains that under the law, whether you like it or not, your employer is acting legally.
                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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