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Q: Federal Holiday pay ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Federal Holiday pay
Category: Reference, Education and News > General Reference
Asked by: carol333-ga
List Price: $8.00
Posted: 26 Oct 2004 09:26 PDT
Expires: 25 Nov 2004 08:26 PST
Question ID: 420306
In the State of California, can an employer require permanent,
fulltime, hourly works to work on federal holidays (e.g. Thanksgiving,
Christmas and New Years).  And, if so, must any premium over regularly
hourly pay be paid for hours worked on those holidays?
Answer  
Subject: Re: Federal Holiday pay
Answered By: tar_heel_v-ga on 26 Oct 2004 09:47 PDT
Rated:5 out of 5 stars
 
carol333...

California does not require that an employer provide employees with
paid holidays, that it close business on any holiday or that employees
be given the day off for any particular holiday.  There is also no law
that requires an employer pay a special premium for work performed on
a holiday (or weekend, for that matter) other than overtime pay for 40
hour workweek.  Holidays, as defined by California Government Code
Section 19853 are:

January 1 (New Year?s Day)
Third Monday in January (Martin Luther King, Jr. Day)
February 12 (Abraham Lincoln's Birthday)
Third Monday in February (President's Day)
March 31 (Cesar Chavez Day)
Last Monday in May (Memorial Day)
July 4 (Independence Day)
First Monday in September (Labor Day)
Second Monday in October (Columbus Day/Indigenous People?s Day)
November 11 (Veteran's Day)
Thanksgiving Day
Day after Thanksgiving
December 25 (Christmas)


Thanks for your question and if you need any additional clarification,
please let me know.

Regards,

-THV

Search Strategy:
california holiday pay laws

GOVERNMENT CODE SECTION 19851-19855 
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=19001-20000&file=19851-19855

Holidays
http://www.dir.ca.gov/dlse/FAQ_Holidays.htm

Request for Answer Clarification by carol333-ga on 26 Oct 2004 10:25 PDT
Thank you for your prompt and clear answer.  And, as California is
also under Federal jurisdiction, does your answer also include federal
employment law?

Clarification of Answer by tar_heel_v-ga on 26 Oct 2004 11:57 PDT
Carol...

The Fair Labor Standards Act does not require payment for time not
worked such as holidays. Nor does it require that employers provide
holidays. Employers may require employees to work on State and federal
holidays at regular pay or with premium pay, or they may give their
workers a holiday off, either with pay or without pay.


Wages-Holiday Pay
http://www.dol.gov/dol/topic/wages/holiday.htm

The Fair Labor Standards Act
http://www.lectlaw.com/files/emp11.htm
carol333-ga rated this answer:5 out of 5 stars
A very complete and clear answer.

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