Holiday Pay - Shift Discrimination or Breech of Contract?

[Inforat]

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

I am a Florida Resident and telecommuter. My employer is out of California. We have employees throughout the US and Canada. From what I understand, they adhere to each state's specific labor laws. Up until today, benefits included 12 paid Holidays which were always paid whether we worked that Holiday or not. They announced a global policy change today stating that employees will only be paid for holidays if they are 'scheduled' to work them. So if a recognized Holiday falls on a Monday, and you are scheduled to work Monday's, you will get 8 hours holiday pay for that day plus any hours regular or overtime you work. Those that are not scheduled to work that Monday, will not be compensated. The organization is 24/7 so many employees work odd hours. I work Tues-Sat. With this knew policy, myself and many others will be losing benefits while others (those that work M-F) will keep theirs.

My Offer letter, which states: 'This letter, along with the Employment NDA and telecommuting Agreement, sets forth the terms of your employment with the Company and supercedes in prior representations or agreements, whether written or oral.'

Within this offer letter, it states:
"As a company employee, you will be eligible to receive employee benefits, in accordance with the terms of the company's benefit plans and policies. These benefits include Health care (**************), and life insurance (......), and 12 public holidays in accordance with the company's published schedule. Vacation pay which equates to****************************..... You should note that the company reserves the right to modify compensation and benefits from time to time, as it deems prudent."

So with that, I know there is some grey areas and sounds like they can just change things when and how they choose BUT, the fact that these changes only impact certain shifts would seem to be a form of shift discrimination, and thus not meet some kind of fair labor laws somewhere? I am just curious if anyone knows any kind of law that prevents this kind of out right 'HR being retards'. A lot of people are real upset right now, so not sure how this is going to turn out. But simply put, very bad employment practices and if they don't right this wrong, I and many others will be looking for employment elsewhere soon.

 

[justalayman]

I and many others will be looking for employment elsewhere soon.

happy job shopping.


While it doesn't sound like the best of plans, nothing illegal about it.

. I work Tues-Sat. With this knew policy, myself and many others will be losing benefits while others (those that work M-F) will keep theirs.

yet when a holiday falls on a Saturday, you will benefit and the M-F people will not.

just think, they could just take away holiday pay altogether if they want. Maybe if you gripe enough, they will make it equal across the board and do just that.

 

[Inforat]

No holidays fall on the weekend, they are 'recognized' holidays and are all during the week. 4th of July, started all this. It is actually recognized on the 5th.

And yes would be happy if they took ALL holidays away, because that would include the 'M-F er' HR department people who made the policy change. Don't think its going to happen**************

 

[justalayman]

No holidays fall on the weekend, they are 'recognized' holidays and are all during the week. 4th of July, started all this. It is actually recognized on the 5th.

life sucks sometimes.

And yes would be happy if they took ALL holidays away, because that would include the 'M-F er' HR department people who made the policy change.

Wow! If that isn't cutting off your nose to spite your face. You would rather lose all holidays just to see somebody else punished.

 

[pattytx]

Agree with the previous responders. Except I have one question--are you exempt or nonexempt? In this particular situation, it may make a difference.

 

[Inforat]

Look dude,

I am looking for 'outstandind advice and an unbeatable price' here not an instigator. Have something to really contribute 'Senior Sitting in my Mom's basement Forum pro guy"? Besides that, I stayed in 3 Holiday Inn Expresses in the last month and your Mom visited me.

 

[Inforat]

Agree with the previous responders. Except I have one question--are you exempt or nonexempt? In this particular situation, it may make a difference.

non-exempt

 

[pattytx]

Then you don't have to be paid for any time you don't work, including holidays.

Offer letters are not binding contracts. Even if they were, "in accordance with company...policies" does not mean the company can't change the policy.

Having said that "dude", please ask for a refund of the fee you paid on your way out.

 

[justalayman]

Look dude,

I am looking for 'outstandind advice and an unbeatable price' here not an instigator. Have something to really contribute 'Senior Sitting in my Mom's basement Forum pro guy"? Besides that, I stayed in 3 Holiday Inn Expresses in the last month and your Mom visited me.

Oh, you hurt my feelings. I guess I'll just have to have a couple extra beers on my paid monday holiday that you won't be getting paid for to make myself feel better.

and if my mom visited you, you are one really sick dude. She died and was cremated over 20 years ago.

 

[cbg]

The policy you are complaining about is not only legal in all 50 states, but is not even particularly uncommon. In fact, I'd say it's more common than not. I have never worked for a company that would pay someone for a holiday if it fell on a day that you were not scheduled to work.