Company Threatens to not pay for Holidays

[HowardC]

What is the name of your state (only U.S. law)? Virginia
My significant other works for a very unprofessional acting company, for example, they hire part time HR people. One of these told her that if she takes a sick day the day before or after a Holiday, even if she is sick, that she will get paid for the sick day but will NOT get paid for the Holiday "because that is the labor law." I assume they are full of it, please confirm, and what recourse might she have?What is the name of your state (only U.S. law)?

 

[pattytx]

Is she exempt or nonexempt?

 

[HowardC]

Threat to remove holiday pay

I'm pretty sure she is exempt

 

[eerelations]

What exactly does she do?

And how does having a part-time HR person on staff make a company unprofessional? I currently have a part-time HR person working for me, and this is a very professional company! And years ago I held two part-time HR positions, both for very professional organizations. I don't understand how "part-time HR" and "unprofessional" automatically go together. Please explain your reasoning.

 

[Zigner]

There is no law specifically requiring an employer to pay for a Holiday (Christmas, New Year's Day, etc) if you don't actually work that day.

 

[MrJenkins]

also, it's very common practice for companies to not pay for the holiday if you don't work your scheduled shift before and after the holiday.

your significant other did not find a loophole to get more days off.

 

[pattytx]

Wait just a minute. If the employee is salaried exempt, they must be paid if the company is closed for the holiday. There are limited circumstances under which a salaried exempt employee's pay can be docked and this is not one of them.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm

 

[Zigner]

Wait just a minute. If the employee is salaried exempt, they must be paid if the company is closed for the holiday. There are limited circumstances under which a salaried exempt employee's pay can be docked and this is not one of them.
29CFR541.602 - Salary basis.

This is where choosing words carefully pays off. My earlier statement is just as true as yours. The salaried exempt employee employee is not being paid for the holiday, per se. Rather, said employee is being paid their weekly salary.

 

[pattytx]

This is where choosing words carefully pays off. My earlier statement is just as true as yours. The salaried exempt employee employee is not being paid for the holiday, per se. Rather, said employee is being paid their weekly salary.

Ah, semantics.

 

[HowardC]

Holidays

I find these assinine assumptions about "looking for loopholes" and "PT vs full time" to be a distraction. Bottom line, these holidays are in the employee manual and I don't see how they can take it away. Let me hear from the guy who assumes we are looking for loopholes how he feels about what her company did to her over Labor Day week last Sept. We went to a wedding in CA of my oldest friend's son, and in order to go and spend a week, she asked for leave without pay. Her supervisor seemed to indicate it was ok. So we made our reservations. Then her supervisor explained that they NEVER let employees take leave without pay because, my oh my, then they could not charge the government and they would lose money. So, nope, NEVER can have it. Ever hear of anything like that? So I had to drop her off after 4 days in CA for a red eye and spend the rest of the time their myself and we lost the return ticket price. She really does not wish to "take" sick time (although if she does, it will be for a doctor's app;t), but they also do not allow her to carry over ANY sick days. Oh, and by the way, no employee of this company has received a raise in 5 years and yet, I'm sure by contract, they can charge the gov't more every year. So don't be so fast to take the company's side on this. Oh well, free advice, I'm getting what I paid for. And yes, I"m trying to get her another job, she only took this job so she could get health insurance....I understand there's a debate on that subject going on even as we speak....

 

[Zigner]

I find these assinine assumptions about "looking for loopholes" and "PT vs full time" to be a distraction. Bottom line, these holidays are in the employee manual and I don't see how they can take it away. Let me hear from the guy who assumes we are looking for loopholes how he feels about what her company did to her over Labor Day week last Sept. We went to a wedding in CA of my oldest friend's son, and in order to go and spend a week, she asked for leave without pay. Her supervisor seemed to indicate it was ok. So we made our reservations. Then her supervisor explained that they NEVER let employees take leave without pay because, my oh my, then they could not charge the government and they would lose money. So, nope, NEVER can have it. Ever hear of anything like that? So I had to drop her off after 4 days in CA for a red eye and spend the rest of the time their myself and we lost the return ticket price. She really does not wish to "take" sick time (although if she does, it will be for a doctor's app;t), but they also do not allow her to carry over ANY sick days. Oh, and by the way, no employee of this company has received a raise in 5 years and yet, I'm sure by contract, they can charge the gov't more every year. So don't be so fast to take the company's side on this. Oh well, free advice, I'm getting what I paid for. And yes, I"m trying to get her another job, she only took this job so she could get health insurance....I understand there's a debate on that subject going on even as we speak....

Happy now?

 

[pattytx]

Discounting your attitude****************************....here are the legal answers (except for the last comment)

If she is exempt, she has to get her full salary for any week in which she worked at all, with the exceptions I already linked you to. Did you actually read it?

The "employee manual" is unlikely to be a contract; in fact, it probably specifically says it isn't.

It is not uncommon for sick days to not be "carried over" and it's perfectly legal.

Raises are not required by law unless there is a bona fide contract specifying what and when. What the company charges its clients is legally irrelevant.

Why don't you let her find her own job?

 

[TinkerBelleLuvr]

Chances are he is saying that she is salary and equating this with "exempt".

I know that our rules are that if you are NON-exempt, you must work both sides of a holiday, unless you have a doctor's slip for the absence, or previously approved vacation time, that can be taken by USING accrued vacation time.

 

[eerelations]

I find these assinine assumptions about..."PT vs full time" to be a distraction.

If you're so distracted by it, why did you go to the trouble of making this assinine assumption in the first place? All I did was ask you for your reasoning behind your assinine assumption. If that makes you feel distracted, well, that's not my fault - you started the whole PT/FT thing.

Also, if you really and truly want competent and accurate legal advice, why on earth would you preface your questions by insulting the the advice-providers? While yes, indeed, the advice we provide here is free in the sense that we don't charge people money for it, however, because we are volunteering our valuable time to provide said advice, we do expect the questions to be insult-free. And if they're not, well, don't be surprised (or distracted) if the advice provided is distracting and even somewhat less than accurate.

Finally, I asked you to tell us exactly what your GF does in her job. I asked you this in spite of your insults and because the information you provide will go a long long way in determining whether or not she is truly exempt or non-exempt - and we need to know that before we can provide you with the accurate advice you're seeking. If you're unwilling to provide us with the information we require, well then, it's no wonder we're unable to provide you with the advice you're asking for.

 

[ecmst12]

The HR person is full of it as far as labor law goes - the law does not REQUIRE them to have this policy. However, the law does not PREVENT it either and it is a very common policy. If she is a non-exempt employee (which is likely unless she's a manager) she does not have to be paid for any time she does not work.