There is no law that requires an employer to pay an employee holiday pay (unless the employer and employee have signed a written contract providing for it.) Also, if an employee works on a holiday, that time is treated like any other day and is not subject to extra pay, a special premium pay, etc. However, if a nonexempt employee works over 8 hours in a workday which is a holiday OR over 40 hours in a workweek that includes a holiday, the employee is owed overtime. See my blog on overtime on this website.
Employers are not required by law to close their business on any holiday and are not required to give employees holidays off of work. The one exception to this rule is if the employer has 5 or more employees and an employee or employees ask for reasonable accommodation in the form of a holiday off of work for religious practices.
Although there are no laws requiring special treatment of employees on holidays, many employers of California employees have holiday policies in which they give the employees federal holidays off of work and/or pay more than they are required to, etc. This policy is discretionary and optional to the employer. But, if the employer has advised employees that they will be paid for not working on a holiday, the employer may not change that policy AFTER the day has passed.
It is also, of course, unlawful for an employer with 5 or more employees to discriminate against an employee based on a protected class. See my blog about unlawful discrimination in the workplace – also part of this website’s blog.
If you are an employee or employer with questions or issues about holiday pay or any other employment law matter, call Attorney, Kristine S. Karila for a free initial phone consultation. (949) 481-6909.
Copyright 2015 - Law Office of Kristine S. Karila
Employers are not required by law to close their business on any holiday and are not required to give employees holidays off of work. The one exception to this rule is if the employer has 5 or more employees and an employee or employees ask for reasonable accommodation in the form of a holiday off of work for religious practices.
Although there are no laws requiring special treatment of employees on holidays, many employers of California employees have holiday policies in which they give the employees federal holidays off of work and/or pay more than they are required to, etc. This policy is discretionary and optional to the employer. But, if the employer has advised employees that they will be paid for not working on a holiday, the employer may not change that policy AFTER the day has passed.
It is also, of course, unlawful for an employer with 5 or more employees to discriminate against an employee based on a protected class. See my blog about unlawful discrimination in the workplace – also part of this website’s blog.
If you are an employee or employer with questions or issues about holiday pay or any other employment law matter, call Attorney, Kristine S. Karila for a free initial phone consultation. (949) 481-6909.
Copyright 2015 - Law Office of Kristine S. Karila
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