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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
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Experience:  Employment/Labor Law Litigation
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An employee is working part time (35 hrs./ wk.) third shift

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An employee is working part time (35 hrs./ wk.) third shift for a private company/factory. His normal, agreed to, shift runs from Sunday night through Thursday night with Friday and Saturdays off. A national holiday falls on a Thursday and he is instructed to take Thursday night off but must come in on Friday night in order to avoid providing holiday pay. Is this legal?

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.


Yes, it's legal. It's legal for two reasons.


First, a person's normal schedule is not a legally guaranteed right unless they have a contract of employment expressly stating that their schedule can not be changed without their consent. Otherwise, the employer can legally change their schedule every week.


Second, holiday pay is not a legal requirement in any state or federal law. Employers have no legal obligation to pay it at all, so they can set what rules they wish concerning how they pay it...unless those rules violated a law against discrimination based on race, religion, gender, age, disability or FMLA use. So, the employer couldn't refuse to give holiday pay to all the women, and give it to men.

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