Understanding An Employee's Right to Holiday Pay
December 19, 2011
Howard Law's managing partner Vincent Howard recently discussed the topic of understanding employee rights during the holidays in regard to holiday pay--an important topic that often surfaces for many Howard Law clients during the holiday season, as many people assume that their employer is obligated to pay them extra pay or even double time for their holiday work hours. Some employees are upset when their employer makes them work during the holidays and wonder if the practice is even legal in California.
According to the California Department of Industrial Relations, hours worked during holidays, as well as Saturdays and Sundays, are treated like any other days of the week. Under California labor and employment law, employers are not required to either provide employees with paid holidays, close its business operations on any holidays, or provide employees with days off for any particular holidays.
Our labor and employment attorney Vincent Howard states that if an employer chooses to close its business on holidays and makes the decision to give employees time off from their jobs with compensation, such employment circumstances exist according to a policy or employment practice put into place by the employer, according to the terms of a collective bargaining agreement, or according to the terms of an employment agreement between the employee and the employer, as there is nothing in California law that mandates such a practice of employment.
There is also nothing in the law that requires an employer to compensate an employee with special premium compensation for work performed on a holiday or over a weekend, beyond the regular overtime compensation required for all work performed beyond eight hours in a workday, or forty hours in a week of work. Our Orange County, California labor and employment attorneys advise our clients to always review their company policy when it comes to holiday pay, so there are no surprises when it comes to working during the holiday season.
If you had an oral or written agreement with your employer that you would receive a certain amount of paid holidays time off, and you were not paid for a holiday as you were promised, contact our Costa Mesa attorneys and professional today, as you may be able to seek the holiday payment. Our experienced team, led by managing partner Vincent Howard is well versed in California and federal labor and employment law, and can help solve your workplace legal matters, especially when concerns arise about the holiday season.
California Holiday Pay, California Department of Industrial Relations, (DIR)
Related Web Resources:
Related Blog Posts:
DOL Wage and Hour Investigation Forces South Florida Restaurants To Pay Nearly $700K in Back Wages, California Employment Lawyers Blog, December 5, 2011
DOL Continues Long Island Wage and Hour Enforcement Initiative to Stop FLSA Violations, California Employment Lawyers Blog, December 3, 2011
DOL Recovers Over $2.3M in Wage and Hour Back Wages for 578 NY Restaurant Workers, California Employment Lawyers Blog, November 30, 2011
Restaurant Pays $83K in Back Wages for Overtime, Minimum Wage Violations of FLSA, California Employment Lawyers Blog, November 17, 2011
DOL Forces Wok King Restaurant to Pay $531K in Wage and Hour Violations, California Employment Lawyers Blog, October 10, 2011
DOL Continues to Track Down Federal Wage and Hour Law Violations in the Workplace, California Employment Lawyers Blog, September 8, 2011
CA Wage and Hour Lawsuit Settlement--66 Japanese Employees to Receive $145K in Overtime Back Wages, California Employment Lawyers Blog, August 22, 2011
Another DOL Investigation Brings Restaurant Employees $275K in Overtime Back Wages, California Employment Lawyers Blog, July 18, 2011
Taqueria Restaurant to Pay Workers Nearly $250K in Overtime Back Pay and Minimum Wages, California Employment Lawyers Blog, June 15, 2011