Google Answers Logo
View Question
 
Q: Federal or California Labor Law ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Federal or California Labor Law
Category: Business and Money > Employment
Asked by: suse-ga
List Price: $20.00
Posted: 29 Jun 2004 18:40 PDT
Expires: 29 Jul 2004 18:40 PDT
Question ID: 367950
I work a non-standard workweek as an at-will employee of a law firm. 
My workweek is Sunday through Wednesday and Saturday, with Thursdays
and Fridays off.  I am considered a full-time employee of the firm
(according to the definitions of full-time employee).  As this Sunday
is July 4, I am scheduled to work my regular hours.  However, I am
informed by my administrator that I will not be paid holiday pay, as
the firm is
observing this legal holiday by closing its office on July 5 and I am
getting the day (July 5) off with pay along with the other employees.  I'm
wondering if this is correct, as it is my understanding that the LEGAL
holiday is July 4, regardless of what day of the week it falls on and
whether businesses both private and public, including government,
observe the following day as well.  I have looked through the
California Labor Code but am unable to find an answer to my question.
I contend that I either work Sunday, July 4 at a holiday rate of pay,
or I am entitled to the day off with pay.  This is especially relevant
as Christmas falls on the weekend this year, too!  Your assistance
would be greatly appreciated.
Answer  
Subject: Re: Federal or California Labor Law
Answered By: tutuzdad-ga on 29 Jun 2004 20:21 PDT
Rated:5 out of 5 stars
 
Dear suse-ga;

Thank you for allowing me an opportunity to answer your interesting
question. Unfortunately, unless you have a contract or a collective
bargaining agreement it looks like your employer is exercising his
legal right:

According to California Governor Arnold Schwarzenegger?s Office and
the California Division of Labor Standards Enforcement there is no
California law that requires employers to provide employees with paid
holidays - or anything else special when it comes to holidays for that
matter.
http://www.dir.ca.gov/dlse/Benefits.pdf

?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. If an employer closes its
business on holidays and gives its employees time off from work with
pay, such a circumstance exists pursuant to a policy or practice
adopted by the employer, pursuant to the terms of a collective
bargaining agreement, or pursuant to the terms of an employment
agreement between the employer and employee, as there is nothing in
the law that requires such a practice. Additionally, there is nothing
in the law that mandates an employer pay an employee a special premium
for work performed on a holiday, Saturday, or Sunday, other than the
overtime premium required for work performed in excess of eight hours
in a workday or 40 hours in a workweek.?
DIVISION OF LABOR STANDARDS ENFORCEMENT
http://www.dir.ca.gov/dlse/FAQ_Holidays.htm


I wish I had better news for you ? sorry.


Below you will find that I have carefully defined my search strategy
for you in the event that you need to search for more information. By
following the same type of searches that I did you may be able to
enhance the research I have provided even further. I hope you find
that my research exceeds your expectations. If you have any questions
about my research please post a clarification request prior to rating
the answer. Otherwise, I welcome your rating and your final comments
and I look forward to working with you again in the near future. Thank
you for bringing your question to us.

Best regards;
Tutuzdad ? Google Answers Researcher


INFORMATION SOURCES

Defined above


SEARCH STRATEGY


SEARCH ENGINES USED:

Google ://www.google.com




SEARCH TERMS USED:

CALIFORNIA LABOR LAW

PAID HOLIDAYS

HOLIDAY PAY

LABOR STANDARDS ENFORCEMENT
suse-ga rated this answer:5 out of 5 stars
This isn't what I wanted to hear, but I appreciate the lengths you've
gone to find out for me!  Thanks!

Comments  
There are no comments at this time.

Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Google does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. Please read carefully the Google Answers Terms of Service.

If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you.
Search Google Answers for
Google Answers  


Google Home - Answers FAQ - Terms of Service - Privacy Policy