Asian Journal- The Filipino-American Community Newspaper

Q: We get 7 holidays off each year without pay. My sister who works for another company gets 11 holidays off and she gets paid for all of them. Shouldn’t we get 11 holidays off too? And shouldn’t my employer pay for these holidays even though we don’t work on any of them?

A: Hours worked on holidays, Saturdays, and Sundays are treated like hours worked on regular days of the week. California law does not require employers to provide employees with paid holidays. Employers are also not required to close their businesses on any holiday, or give employees the day off for any holiday.

The employer chooses when to be open and closed for business. If the employer is open on a holiday and schedules the employee to work that day, the law does not oblige the employer to pay the employee anything but the employee’s regular pay. If by working on a holiday the employee incurs overtime hours, then the employee should be paid the overtime premium for all overtime hours worked. An employee must be paid overtime compensation if the employee worked more than eight hours a day or more than 40 hours in a work week.

The employer may pay a premium rate for working on a holiday if the employer adopts such a policy or practice. If the employee is subject to a collective bargaining agreement or an employment contract that provides for premium pay for hours worked on holidays, then the employer must pay a premium rate for working on a holiday.

In the same manner, an employer may choose to close its business on holidays and give its employees paid time off from work. Or again, if the employee is subject to a collective bargaining agreement or an employment contract that provides that the business be closed on holidays and employees be paid time off from work, then the employer must follow these terms. Absent any agreement, an employer is not mandated to pay its employees for time off during holidays.

When computing overtime pay, hours worked is the basis for overtime payment. Thus, if an employee did not work more than eight hours in any one workday, or more than 40 hours in the workweek, the employee is not entitled to any overtime pay for the workweek.

Be that as it may, whether you are or are not working this Christmas and New Year, and whether you are or are not paid for time off, the Law Offices of C. Joe Sayas, Jr. would like to wish you and yours a safe and memorable Holidays! Have the Merriest Christmas and the Happiest of New Years!

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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. He is a graduate of University Law Center Washington, D.C. You can visit his website at www.joesayaslaw.com or contact his office by telephone at (818) 291-0088.

( www.asianjournal.com )

( Published on December 20, 2008 in Asian Journal Los Angeles p. C3)