Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I have a question regarding holiday pay. My employer

Customer Question
Hello! I have a...

Hello! I have a question regarding holiday pay. My employer guaranteed me that they will pay me 36 hours a week (72 hrs per pay period) even if i lose a shift due to patients cancelling or no shows. This last pay period, they paid me 72 hours but they added my holiday pay to make up for the 72 hours. Is that right?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

It's full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That would be all

Submitted: 1 month ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
1/4/2018
Employment Lawyer: Damien Bosco, Attorney replied 1 month ago
Damien Bosco
Damien Bosco, Attorney
Category: Employment Law
Satisfied Customers: 3,712
Experience: Helping you with your legal questions.
Verified

Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
Thank you
Employment Lawyer: Damien Bosco, Attorney replied 1 month ago

I understand that the company included the holiday pay to make up the difference to get to the 36 hour work week. Is this the first time the employer did this?

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
it's the first time. I've always completed my 36 hours before this and was paid holiday on top of that
Employment Lawyer: Damien Bosco, Attorney replied 1 month ago

Did the employer ever tell you that it would pay for Holidays? By law, an employer does not need to do so. So, it depends on whether it told you (preferably written) that you would be entitled to holiday pay.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
it's in our employee handbook
Employment Lawyer: Damien Bosco, Attorney replied 1 month ago

That's good that it is in your employee handbook. That means that you have an argument that you should have been paid for the holiday as well as the lost shift pay.

You can approach HR or Payroll about it. If nothing is done or rectify, then you may have to consider further legal action or filing a complaint.

If you need further assistance, just let me know.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
Thank you so much for help
Employment Lawyer: Damien Bosco, Attorney replied 1 month ago

You are welcome!

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Damien Bosco Your Own Question
Damien Bosco
Damien Bosco
Damien Bosco, Attorney
Category: Employment Law
Satisfied Customers: 3,712
3,712 Satisfied Customers
Experience: Helping you with your legal questions.

Damien Bosco is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Our PTO and Vacation statement in our employe handbook is
Our PTO and Vacation statement in our employe handbook is nebulous. I am a national guard member who utilized 16 hours of PTO. One for my military duty on Thursday and one for my personal needs. They … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Employment law. My manager told the entire department to
employment law. My manager told the entire department to ignore me, not to look at me. also in an auditorium meeting she said "little (name) in the corner" … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
If I turn in an employer who pays in cash, pays no payroll
If I turn in an employer who pays in cash, pays no payroll taxes, has no I-9 forms on any of his employees is there a reward and how much trouble is the employees in for not reporting income? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This question is regarding California Employment Law. I
This question is regarding California Employment Law. I would appreciate a quick response as I would like to make this change, starting tomorrow:I have a part time employee working 25 hours per week. … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I have a current job in which the handbook has an at will
I have a current job in which the handbook has an at will policy but I also signed an employment contract to give 4 weeks notice. Due to personal reasons I can no longer work the hours the job entails. (10-7) I have found new employment but they can't wait 2 weeks. I gave notice last week and told them that I can work normal hours for the next 2.5 weeks and then after 3:30 the following 2 weeks. Now after accepting the resignation last week, I received an email about needing to give 4 weeks. I was looking to see if there is something they can do against me because of this. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
I have a question regarding employment law in the state of
I have a question regarding employment law in the state of Texas … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers
My employer knew she didn't have money to cover payroll 2
My employer knew she didn't have money to cover payroll 2 weeks ago and we are scheduled to get paid tomorrow and were not. What if anything can I do or do I just have to play the waiting game hoping!… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,068 satisfied customers
Out on fmla, my manager, hr department and payroll
Out on fmla, my manager, hr department and payroll department are not responding to my requests to view my time off accrual reports. My paychecks have been incorrect and I've asked to review my accrue… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We have a dismissed employee asking us, per our handbook's
We have a dismissed employee asking us, per our handbook's written policies, when we are going to send her her accrued vacations. It is true, she has 80 hours accrued, however, we paid her a 6-week se… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
What you charge for helping with garnishment of payroll,
what you charge for helping with garnishment of payroll, bank accounts or putting leans on houses or property? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,332 satisfied customers
This is about employment law. No, that is not necessary or
full time and our contract does include a non compete clause … read more
Damien Bosco
Damien Bosco
Attorney
3,712 satisfied customers
Our employee handbook states that lip, nose or eyebrow rings
Our employee handbook states that lip, nose or eyebrow rings are not allowed in the workplace. We have our employees sign off on this. One employee decided to push the issue with wearing a nose ring. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am responsible for submitting payroll to an outside
I am responsible for submitting payroll to an outside company. If my company misclassifies an employee as 1099, can I be held personally responsible? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,068 satisfied customers
My employer keeps making excuses as to why payroll is
My employer keeps making excuses as to why payroll is delayed. I was payed for last payroll, but still havent been paid for payroll before that. It's been a month since that check should have been wri… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Not gettng paid weekly payroll check. With a manager who
with a manager who told him there was a gliche in the system … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Can a 1099 be asked to sign an employee handbook? Not a
Im in Texas the company is in California. Work at Will … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,068 satisfied customers
My boyfriend's start up has not paid him for 3 pay periods.
my boyfriend's start up has not paid him for 3 pay periods … read more
Ray
Ray
Lawyer
Doctoral Degree
31,396 satisfied customers
My employers handbook says they do not pay out unused PTO
My employers handbook says they do not pay out unused PTO upon separation. Yet Texas State law says if you give two week notice, it is required that they pay out your PTO. Am I reading this law incorr… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
18,672 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x