Employment Law

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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: 7 months ago.Category: Employment Law
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Answered in 5 minutes by:
1/4/2018
Employment Lawyer: DamienJD, Attorney replied 7 months ago
DamienJD
DamienJD, Attorney
Category: Employment Law
Satisfied Customers: 5,462
Experience: Attorney. Well versed, understanding, friendly
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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.

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Customer reply replied 7 months ago
Thank you
Employment Lawyer: DamienJD, Attorney replied 7 months 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?

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Customer reply replied 7 months 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: DamienJD, Attorney replied 7 months 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.

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Customer reply replied 7 months ago
it's in our employee handbook
Employment Lawyer: DamienJD, Attorney replied 7 months 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.

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Customer reply replied 7 months ago
Thank you so much for help
Employment Lawyer: DamienJD, Attorney replied 7 months ago

You are welcome!

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