Working on July 5th? Legal Question.

santucci218 · #1 07-02-2010, 10:34 AM

I am scheduled to work on July 5th, Monday. Somebody had mentioned to me that most places are closed because the 5th carries over as being the holiday? Is this true? Also, does that mean I legally should be receiving time and a half?

tink9975 · #2 07-02-2010, 10:51 AM

Yes Monday is the holiday. Time and a half would depend on your employers policy or local labor laws. Cant help you with that

santucci218 · #3 07-02-2010, 10:56 AM

Quote:

Originally Posted by tink9975

Yes Monday is the holiday. Time and a half would depend on your employers policy or local labor laws. Cant help you with that

I feel like my work doesn't get this things because the owner leaves us unaware as to if we deserve it or not.

standupright · #4 07-02-2010, 10:59 AM

all depends on the industry in which you work, what their corporate policy is, and what type of employee you are.

santucci218 · #5 07-02-2010, 11:06 AM

I work in a small music store. Their policy pretty much is dont educate the employees on the policy. I work part time.

standupright · #6 07-02-2010, 11:13 AM

a quick search provided this-

http://blog.laborlawtalk.com/2008/05...a-holiday-pay/

6jase5 · #7 07-02-2010, 11:17 AM

Unless you have a pre-established written contract, union or other, no obligation on any day to pay you more than your current wage in any state that I'm aware of.

The company can set whatever policy they want within fair practices, but regarding "extra" compensation, nope.

Wademeister63 · #8 07-02-2010, 11:21 AM

Quote:

Originally Posted by santucci218

I work in a small music store. Their policy pretty much is dont educate the employees on the policy. I work part time.

You should inform them that they'll be paying you double time for the holiday.

MatticusMania · #9 07-02-2010, 11:28 AM

My fiancee's boss couldnt decide whether to give them the day off or not. She's a music teacher at a pre-school/kindergarten. She was going to have to work, until last wednesday when her boss changed his mind. He figured people would not want to come into work on the 5th (their payday) when there won't be any checks to hand out, being that the banks will be closed. No work!

shadowtippy · #10 07-02-2010, 11:41 AM

Your company's personnel handbook should state which, if any, holidays are observed.

santucci218 · #11 07-02-2010, 11:55 AM

Well, looks like i dont get anything because im part time. **** this place.

Munjibunga · #12 07-02-2010, 12:00 PM

Quote:

Originally Posted by 6jase5

Unless you have a pre-established written contract, union or other, no obligation on any day to pay you more than your current wage in any state that I'm aware of.

The company can set whatever policy they want within fair practices, but regarding "extra" compensation, nope.

I'm pretty sure that's incorrect. California has overtime laws for hourly (non-exempt) employees, and it may even require double time for holidays.

MatticusMania · #13 07-02-2010, 12:12 PM

Quote:

Originally Posted by Munjibunga

I'm pretty sure that's incorrect. California has overtime laws for hourly (non-exempt) employees, and it may even require double time for holidays.

More than 40 hours a week = overtime
More than 8 hours a day = overtime
Holiday Pay = Time & a Half
Overtime = Time & a Half

At least this is how it goes at my office.

**SoComSurfing** · #14 07-02-2010, 02:35 PM

Quote:

Originally Posted by MatticusMania

More than 40 hours a week = overtime
More than 8 hours a day = overtime
Holiday Pay = Time & a Half
Overtime = Time & a Half

At least this is how it goes at my office.

This is one perk of my job that I really do enjoy. OT is anything worked outside of 8:30-5 Mon-Fri. Holidays are double-pay during those hours and time-and-a-half holiday pay (triple rate) for anything considered OT hours.

**Mark Wilson** · #15 07-02-2010, 06:43 PM

That's my birthday.
Of course it's a holiday.

jonathan_matos5 · #16 07-02-2010, 07:19 PM

the holiday is the 4th of july not the 5th

some businesses are being nice enough to give their employees a day off because the holiday falls on a weekend this year.

nobody is required to pay for time and a half for the 5th.

if you are then consider yourself lucky.

Bob Lee (QSC) · #17 07-03-2010, 12:06 AM

Your part-time status is not in your favor on this. If you didn't work that day, would you have gotten holiday pay? Probably not, and therefore you probably would not get time and a half or double.

santucci218 · #18 07-03-2010, 03:49 AM

Quote:

Originally Posted by jonathan_matos5

the holiday is the 4th of july not the 5th

some businesses are being nice enough to give their employees a day off because the holiday falls on a weekend this year.

nobody is required to pay for time and a half for the 5th.

if you are then consider yourself lucky.

The United States recognizes that the holiday falls on a Sunday, thus turns the day to monday. Sit around and wait for your mail man to show up, or go make a bank transaction.

i_got_a_mohawk · #19 07-03-2010, 05:55 AM

Over here is a public holiday falls on a weekend you'll generally get an extra day holiday sometime down the line, it isn't always the next working day tho. Just as the next working day doesn't always class as being a holiday for overtime purposes.

But that's here, not there

Best thing to do is bring it up with the boss

jrthebassguy · #20 07-03-2010, 12:26 PM

It all depends on one of three things:

-What your company handbook says
-If you're union or not (I assume not)
-State and local laws

I once had a job that paid time and a half for holidays and another that didn't, and the one that didn't was legally in the right to do so. With my new job it's a paid day off.