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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
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Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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I just took a new full time job. To my surprise there are no

Resolved Question:

I just took a new full time job. To my surprise there are no paid national holidays or lunch breaks. Is this legal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Currently, are no states that mandate that any private employer give employees paid National holidays. Of course most State and Federal Government employees get those holidays, but there is no law that requires that private employers give any paid vacation at all in Iowa. In addition, neither Iowa nor Federal law mandates meal breaks, or any breaks, for most employees. There are some exceptions, for example workers under 18 years of age and certain professions, like pilots, over the road truck drivers, and other safety sensitive jobs. But as a general rule the employer is free to set their own policies.

You can see a restatement of the law related to both holidays and breaks for Iowa by going to: http://www.iowaworkforce.org/labor/wagefaqs.pdf

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17391
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
So I checked the career section of the company website.
They advertise 10th paid holidays per year.
Any thoughts?
Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply. If the policy handbook or paperwork you signed says that employees receive paid holidays, then that is a policy such as I referred to yesterday. The employer must comply with their own policies unless and until they change them and give employees notice of the change. In other words, the policy handbook or statement on a website is not an indefinite contract so an employer has the right to change the policy. But they need to give employees notice of that change. Again though, the law does not require that they offer paid holidays.
Customer: replied 1 year ago.
I'm working with a guy whose been here 10 years and never got a paid holiday???
Expert:  Marsha411JD replied 1 year ago.
The website is not the handbook/policy, so the handbook is what you will need to refer to. If you do not have one, then HR can supply the policy to you. That is what controls. If they aren't following their own policies, then you can file a complaint with them.
Customer: replied 1 year ago.
Ok but as a separate issue isn't that false and misleading advertising?
Expert:  Marsha411JD replied 1 year ago.
This isn't the selling of a product, so no it really isn't false advertising. As long as the employer ultimately tells the employee what the policy is, either explicitely or with the handbook, they are within the law. Is it good practice, no, and it is misleading. It may be that the employer doesn't know that there is mistake on the website and perhaps a letter should be written to the Site Administrator or the CEO pointing out the discrepency.
Customer: replied 1 year ago.
Thx!
Expert:  Marsha411JD replied 1 year ago.
You're welcome!
Customer: replied 1 year ago.
Can't find a way to rate forays question???
Expert:  Marsha411JD replied 1 year ago.
You should see a rating box now. If not, let me know.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17391
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and other Employment Law Specialists are ready to help you

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