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Recent Holiday Pay questions

I am a flat rate, exempt salaried employee. The time sheet

I am a flat rate, exempt salaried employee. The time sheet for our payroll system lists my schedule as M - F 8am to 5pm. My actual work schedule is 12 hours 3 / 4 days per week (i.e. 6pm to 6am, Wed/Thu/Fri and alternate Sat night). Can I be denied holiday pay for holidays that do not fall on my actual work schedule?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Has anything been filed or reported?Customer: To the state labor department?JA: Anything else you want the lawyer to know before I connect you?Customer: No

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John

Attorney

Doctoral Degree

9,506 satisfied customers
My employee handbook states" Hourly employees who work the

My employee handbook states " Hourly employees who work the holiday will be paid double time for all hours worked up to 8 hours"JA: When we are ready I'll take you to the appropriate web page.Customer: My check does not reflect thatJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: IllinoisJA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: My check reflects holiday pay at regular rate plus regular pay. Management advised me this is considered double time. It has nothing to do with double the rate of pay. Corporate is based in Michigan

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John

Attorney

Doctoral Degree

9,506 satisfied customers
If I am a hourly non exempt employee, is it legal for my

If I am a hourly non exempt employee, is it legal for my employer to deny overtime pay for any hours worked over 40 in a week if earlier in the week I received time and a half pay for a worked holiday?Example: I worked Tues April 11 thru Sat April 15, 10 hour days. I am paid time and a half holiday pay for working on Good Friday April 14. My employer says that the hours worked on Sat (hours 41 - 50) will only be paid at straight time. Is this legal?

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Gerald-Esquire

Juris Doctor

7,424 satisfied customers
I'm employed in Oregon and want to give my 2 weeks notice in

I'm employed in Oregon and want to give my 2 weeks notice in April. By law what are they required to pay me upon leaving. Right now I have accrued vacation time, sick days, personal days and just qualified for 20 days of paid sabbatical leave.JA: Is the employment agreement "at will," union, full time or part time?Customer: At will, full time.JA: Anything else you want the lawyer to know before I connect you?Customer: My company states that "Vacation pay is not paid out to the associate upon leaving the Company, regardless of the reason, unless required by state law."

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RobertJDFL

Attorney

Juris Doctorate

15,032 satisfied customers
Looking to clarify questions regarding unemployment

Looking to clarify questions regarding unemployment insurance claims in State of California:Earnings are considered to be the following:Work performedBack pay awardBonusesCommissionHolding feesHoliday payIdle time payIn-lieu-of-notice payJury duty payPaid sick leavePensionPiece work payResidual paySelf-employmentSeverance payStrike benefitsTemporary Total DisabilityTipsVacation payVocational Rehabilitation Maintenance AllowanceWitness feesWorkers' CompensationSituation: Just got unemployed but have investment activities.I trade stocks for 5 hours a week, investing $1k then gaining $2k of profit. Technically, my investment "buy-in" ($ invested, commission fees, capital gains tax, etc.) is my expenses and my profit are my earnings. However I wouldn't need to report since its not classified as a wage per the definition above since I'm not working for a company but rather using the online brokerage platform for my activities, correct?Taking the same idea but now with Airbnb.I Airbnb rent weekly an apartment that I have a yearly lease on, investing $1k per week then gaining $2k of profit. Technically, my investment "buy-in" ($ spent on week for maintenance, cleaning, lease payment, Airbnb fees, taxes, utilities, etc.) is my expenses and my profit are my earnings. However like the stocks in which I only am working 5 hours a week for Airbnb activites, I wouldn't need to report since its not classified as a wage per the definition above since I'm not working for a company but rather using the online platform service for my activities, correct?I have contacted the EDD and they provided that Airbnb is treated as employment. I don't see it as employment because unlike employment I am not being given a steady wage nor working for someone else. I see it as just the same as investing in stocks or gambling. Money spent and money gained yet you don't report that. With being employed you don't spend money to be employed therefore I understand that you need to report these earnings. But for Airbnb shouldn't it not be reported if it the same process of gaining income/earnings as the stock market or gambling which aren't required to be reported?

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39,730 satisfied customers
Peal, my question is when an employee works over 40 hours

Hello Peal, my question is when an employee works over 40 hours during a week that has a holiday, would that employee be paid 8 regular hours for the holiday pay? Example: 40 Regular, 5 overtime, and 8 regular holiday payJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: GeorgiaJA: Is the employment agreement "at will," union, full time or part time?Customer: Full timeJA: Anything else you want the lawyer to know before I connect you?Customer: Some employees took the holiday off and some worked the holiday and they both were paid 8 hours at regular pay.

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Patrick, Esq.

Doctoral Degree

20,436 satisfied customers
This is a California employment law question. I am a real

This is a California employment law question. I am a real estate agent who employs 2 employees to work with me selling homes. When an employee is off for up to 3 months due to medical leave and can't return unless she comes with full doctors release in hand, do I as the employer have to pay the 4 hours sick leave or the paid holiday pay she normally would recieve while working? She may be filing for state disability soon. So far, she has been off for the month of January.

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John

Attorney

Doctoral Degree

9,506 satisfied customers
Exempt employees and Holiday in California fun stuff right?

Hello,JA: Hi. What do you want help with?Customer: Exempt employees and Holiday in California fun stuff right?JA: Is the employment agreement "at will," union, full time or part time?Customer: Here is the scenario. An Exempt employee requested vacation time, during the vacation time, we had a observed holiday. The employee was allowed to take the vacation time and use accrued vacation, however, because the employee did not request the vacation time two weeks in advance, the Opes Manager refuses to pay her for the holiday and is requesting she use vacation to cover the holiday.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Anything else you want the lawyer to know before I connect you?Customer: Did you receive the scenario/situation I need guidance on?

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John

Attorney

Doctoral Degree

9,506 satisfied customers
My doctor placed me on disability after I had a non work

My doctor placed me on disability after I had a non work related accident. My medicAL release to return to work was dated Dec 31, 2017. Our office was closed on Jan 1st and Jan 2nd, 2017, so my first day back in the office was Jan 3rd. My employer denied my holiday pay, yet all other employees were paid for the holiday of Jan 2ndOur policy states the employee will not be paid if they had an unapproved absence in the days preceeding the holiday. The holiday will be paid if the time off preceeding the holiday was approved or taken as vacation. The policy states that the days preceeding aND immediately following a holiday must be worked unless time off was approved in advance.Is it legal for them to deny my holiday pay? I fall into a grey area. I've been here for 20 years and I also received a PIP 4 days after I returned to work.

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Patrick, Esq.

Doctoral Degree

20,436 satisfied customers
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