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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19219
Experience:  Employment/Labor Law Litigation
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The company I work a policy to pay holiday pay. However the

Customer Question

The company I work for has a policy to pay holiday pay. However the facility I work for in this company goes further and says verbally that if you are even one minute late (clock punch) on the holiday you work that they will not pay holiday pay. This is not in the written policy that employees receive. Is this legal? I live in Michigan. I understand that Michigan does not have a holiday pay law however I also understand that if they say they will pay holiday pay then they are obligated to do so. I just question the unwritten portion.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Holiday pay is not legally required in any state, so an employer has a great deal of latitude in how they choose to work that pay system. It doesn't legally have to be in writing how they choose to work it.

If they have made employees aware that if they are late on a holiday they will not receive holiday pay, that is perfectly legal. Certainly, having it writing would make it easier for them to prove they made people aware, but if notice has been given that that is how they treat the pay, then yes it is absolutely legal. The issue is notice...not that it be written.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.