Is this even legal ?

Last year I started my shift Wenedsay at 11.00 pm worked into Thanksgiving Thursday until 7.00 am. I checked my pay no holiday pay or time and half.  Yes I know no law says any company has to pay holiday pay but the company policy is if you work these five holidays: New Years, 4th of July, Memorial Day, Thanksgiving and Christmas you get holiday pay.  They claim because I stated my shift Wenedsay at 11.00 pm I am not entitled to holiday pay that they pay me from the previous day.  Well this year they have me on the schedule today Wenedsay at 9.00 pm working tomorrow Thursday Thanksgiving 5.30 am. So once again no holiday pay.  I am tempted to show up at midnight so I can get the holiday pay. it's a security guard job .  I will be missing out on Christmas and News Years because they are both on Friday my day off.


San Diego, CA

5 Answers

  • 2 months ago

    This would depend on the company written policy relating to holiday pay and the laws of your state. Usually if they have a written policy, they have to honor it. But consider most states are also at-will employment. Meaning, if you raise the issue your employer could fire you, with or without reason and with or without cause, with or without notice. So it may hurt you more than help you to even bring the issue up to them relating to the holiday pay.

  • 2 months ago

    They count the day the shift starts as the day of the shift.  Even if you show up at midnight, you still do not get the holiday pay.  You would simply be late for a shift that started Wednesday.

  • david
    Lv 4
    2 months ago

    Actually you have a cause of action. If any portion of your shift especially if more than 50% of your shift is on a holiday, you're entitled to holiday pay for at least that portion if not the entire shift. 

  • Anonymous
    2 months ago

    WHERE?  In MY State WHEN you start determines whether or not it's holiday pay.

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  • blank
    Lv 6
    2 months ago

    Contact your state labor board.  I suspect you are right and the company is wrong. 

    Last year 7 hours should have been calc'd as holiday pay.  This year 5-1/2 hours (imo).   But you need to know what your state law allows - the company MAY be acting legally.

    IF they are - time to contact your representative(s) and ask them to close the law loophole.

    Hope this helps.  Happy Holidays!

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