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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12949
Experience:  Significant experience in all areas of employment law.
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We have 5 paid holidays per year, but company is taking

Customer Question

We have 5 paid holidays per year, but company is taking hours worked and dividing by 5, rather than using number of daily hours scheduled. So, employee working 12 hour shifts for total of 36 hours a week, would only be paid for 7.2 hours. Is this legal?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 9 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

It's counter-intuitive, but yes this is legal. It's legal because employers have no obligation to offer any paid holidays at all. Since they are not legally required to offer paid holidays, they can decide to pay however much they choose for those days. An employee cannot sue to recover something they are not legally entitled to.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. 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 moving forward.

Expert:  Patrick, Esq. replied 9 months ago.

Was there anything else I can do for you?

Customer: replied 9 months ago.
Is there not an implied agreement ?
Expert:  Patrick, Esq. replied 9 months ago.

Unfortunately, no, such a legal theory would not be successful for a few different reasons, the most fundamental being that the terms of employment are always subject to being changed at any time. So, even if you could argue that payment for all scheduled hours was "implied" (and I think that would be very difficult to establish), your employer could change their mind at any time. They are still giving you something you are not entitled to--compensation for hours that you didn't work--and so there is no way to sue them to compel them to pay you more. I am sorry but I hope this clarifies the issue for you so that you can move forward. I can understand how this is frustrating.

Again if there is anything more I can do for you just let me know. It's my pleasure....