How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Patrick, Esq. Your Own Question

Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7649
Experience:  Significant experience in all areas of employment law.
60109343
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

I have two employees that work with full benefits 40 hours

Resolved Question:

I have two employees that work with full benefits 40 hours per week, four 10 hour days. The Labor Day Holiday fell on their day off. Do they get paid for the holiday even if it falls on a day they don't usual work? Should holidays be paid at 8 hours but what if that was someones normal 10 hour day? Help, is there a law to follow or any suggestions?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Good morning and thank you for entrusting me to answer your question. I will do everything I can to assist you.

Are these employees paid on a salary or hourly basis? Also, do you have any sort of contract or agreement which would entitle them to holiday pay?

I very much look forward to helping you on this matter.
Customer: replied 1 year ago.

They are paid hourly and they have an employee handbook that states which holidays they get paid for and my verbal agreement but doesn't address this situation.

Expert:  Patrick, Esq. replied 1 year ago.
Patricia,

Thank you so much for your reply. Does the handbook state that they are entitled to be paid for Labor Day? What is your verbal agreement and in what way does the existing written/verbal contract not address Labor Day?

Again, I very much appreciate your clarification. I look forward to answering your question upon receiving this additional information.
Customer: replied 1 year ago.

The handbook states six paid holidays per year which includes labor day but was written for a five day per week, 8 hours per day. These two employees changed their schedule with my approval just 2 months ago. What does the average employee do in this case?

Expert:  Patrick, Esq. replied 1 year ago.
Patricia,

Thanks again. I now believe I understand the predicment, which is essentially that your employees used to work a 5 day week, and while your contract provides that Labor Day will be a paid holiday, that was offered in anticipation that the employees would normally have had to work on that day. Now that your employees have switched to a 4 day workweek, your concern is that you would be made to pay for an entire extra day in addition to the employee's normal wages (rather than paying the same wages for one less day worked) and that this is unfair.

While I do agree that this essentially amounts to a windfall for your employees, I must be candid and tell you that since the terms of your contract still entitle your employees to holiday pay for Labor Day, to deny such pay would constitute a breach of contract, even though the employees no longer work on that day.

The fact is your contract does not provide any qualification to the holiday pay entitlement (at least I am assuming that to be the case). If your contract had provided that employees would be entitled to holiday pay only for those holidays on which the employee would customarily be scheduled to work, that would be a very diffierent story, and up until the actual passing of that holiday, it would have been your prerogative to change your handbook to say this.

However, as the employees can argue that paid holidays provide them an incentive to continue working, they are a form of "compensation" earned on the date of the holiday and as such cannot be forfeited if the holiday policy is not changed prior to that time.

Again, I certainly appreciate where you are coming from, but I am obliged to tell you how the DLSE or a court would decide things under the circumstances, and things would be decided in favor of the employees, I'm afraid. Moving forward, you have full discretion to change your holiday policy to provide for paid holidays only if those days fall on customarily scheduled work days. You also have the discretion to do away with your holiday policy all together. Those are your rights.

However, once the holiday has come and gone, and in the absence of a specific qualification to the holiday pay entitlement, that holiday pay becomes a "wage earned" in compensation for continued employment and as such must be paid.

Theoretically, your employees could file a wage claim with the Department of Labor Standards Enforcement or sue in civil court in order to compel payment under the contract. Accordingly, the best course of action would typically be to pay the holiday pay but then change your handbook as described above.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
Patrick, Esq., Lawyer
Satisfied Customers: 7649
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 2 other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    888
    JD, 17 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    334
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3755
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
 
 
 
Chat Now With A California Employment Lawyer
Patrick, Esq.
Patrick, Esq.
2321 Satisfied Customers
Significant experience in all areas of employment law.