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Fringe Benefits : Employer Sponsored Pension and 401(k) Plans, Vacation Benefits, etc.
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  #1  
Old 09-02-2009, 12:48 PM
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holiday pay


What is the name of your state (only U.S. law)? Michigan

Recently, several employees were downgraded from full to part time employment. No mention was ever made of being fired and rehired, nor were new employment contracts made. No change in hourly wage - only the number of hours worked and the loss of many benefits (ie medical, pension, etc.)

Management has now stated that these employees will not be paid for the labor day holiday since they do not have 90 days continuous service as is called for in the personnel policy for new part time hires. They are trying to change their anniversary date to the date they became part time instead of leaving it the date they were hired as full time. There is no section in the personnel policy for employees changing from full to part time.

What recourse do the employees have? The employees feel they are not new hires and should not be treated as such. They should be paid for the holiday since they have had more than 90 days continuous service.What is the name of your state (only U.S. law)?
  #2  
Old 09-02-2009, 12:50 PM
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Location: small town, PA
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The law is nothing. Neither federal nor Michigan law requires holiday pay under any circumstances (at least for nonexempt employees).

You mentioned "contracts". Are you talking union contract? If so, has this issue been addressed through the union?
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  #3  
Old 09-02-2009, 12:51 PM
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Quote:
Originally Posted by highlandtwp View Post
What is the name of your state (only U.S. law)? Michigan

Recently, several employees were downgraded from full to part time employment. No mention was ever made of being fired and rehired, nor were new employment contracts made. No change in hourly wage - only the number of hours worked and the loss of many benefits (ie medical, pension, etc.)

Management has now stated that these employees will not be paid for the labor day holiday since they do not have 90 days continuous service as is called for in the personnel policy for new part time hires. They are trying to change their anniversary date to the date they became part time instead of leaving it the date they were hired as full time. There is no section in the personnel policy for employees changing from full to part time.

What recourse do the employees have? The employees feel they are not new hires and should not be treated as such. They should be paid for the holiday since they have had more than 90 days continuous service.What is the name of your state (only U.S. law)?
They don't have to pay for the holiday at all...
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  #4  
Old 09-02-2009, 01:19 PM
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holiday pay


The personnel policy states that employees will be paid for holidays - full time afer 30 days continuous employment, part time after 90 days. The question comes as to whether the employees that were forced to go from full to part time employment qualify for having 90 continuous days of employment since they were not fired and rehired as part time or are they considered "new hires" and must now work 90 continuous days as part time before they get holiday pay.
  #5  
Old 09-02-2009, 01:32 PM
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Quote:
Originally Posted by highlandtwp View Post
The personnel policy states that employees will be paid for holidays - full time afer 30 days continuous employment, part time after 90 days. The question comes as to whether the employees that were forced to go from full to part time employment qualify for having 90 continuous days of employment since they were not fired and rehired as part time or are they considered "new hires" and must now work 90 continuous days as part time before they get holiday pay.
That would be up to your employer to answer. There isn't a law that addresses this.
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