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I would like to know about holidays if I was hired with all…

Customer Question
I would like to...

I would like to know about holidays if I was hired with all the holidays off can I now make it mandatory that I work them ?

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?

California

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

I don't think so I don't think so

Submitted: 8 months ago.Category: Legal
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Answered in 6 minutes by:
9/28/2017
Lawyer: KLAW, Lawyer replied 8 months ago
KLAW
KLAW, Lawyer
Category: Legal
Satisfied Customers: 2,266
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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Good morning.

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Lawyer: KLAW, Lawyer replied 8 months ago

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

A little background. There is no requirement that California employers provide time off, except for religious accommodations. California’s DLSE’s website states the following:

Hours worked on holidays, Saturdays, and Sundays are treated like hours worked on any other day of the week. California law does not require that an employer provide its employees with paid holidays, that it close its business on any holiday, or that employees be given the day off for any particular holiday.

Likewise, there is no requirement that employers pay employees extra pay or “holiday pay” for work performed on holidays. Employers can voluntarily agree to pay employees extra pay for work that is required during holidays, but these terms would be governed by policy set forth by the employer.

With regards ***** ***** the holiday policy. In California, a company is free to change its holiday policy whenever it chooses. Accordingly, it is likely that your employer can change its practice on holiday pay with the proper notice. There is no notice requirement in the law but an employer should give notice of 7 days prior to the actual holiday, which follows the federal Wage Theft Prevention Act notice requirements for changes. Also, any change cannot be retroactive.

I hope this helps.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

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Customer reply replied 8 months ago
even if it's listed in my contract that I have holidays off they can still make me work the holidays
Lawyer: KLAW, Lawyer replied 8 months ago
No, if it is in a contract, then the right to be paid cannot be changed until the contract expires. Your rights are from the contract, which supersedes the company policy. A change in the paid holiday days off is a breach of contract. I hope this clarifies. Please don't forget to rate the question.
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Lawyer: KLAW, Lawyer replied 8 months ago
If you have any other questions please just ask
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Category: Legal
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