We have updated 43 results for Holiday pay in california

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Below are 43 results for holiday pay in california.

shouselaw.com

California employers are not legally required to give workers a paid day off for a holiday. They are also not legally required to pay extra for hours worked on a holiday. However, many employers choose to do so. If holiday pay is promised in the employment contract, the employer is then contractually obligated to follow through on that promise.

dir.ca.gov

Thus, since you did not work more than eight hours in any one workday, or more than 40 hours in the workweek, you are not entitled to any overtime pay for the workweek. 4. We get 11 …

askinglot.com

Are Employers Required to Give Holiday Pay or Paid Holidays? ( 2020 ) When it comes to holidays , many employers in California and across the country tend to give employees …

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  • Is it mandatory for California employers to pay for holidays?

    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. 2. California employers are not required to pay for time off for holidays, nor are they required to pay additional wages if employees work on holidays.

    Posted on May 16, 2016 by

    Madison

    California observes the official federal holidays which are New Year’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day as well as days celebrating birthdays or notable people including Martin Luther King, Jr. Day, Lincoln’s and Washington’s Birthdays, and Cesar Chavez Day.

    As in many states, California employers are not required to pay their workers holiday pay when they close for business on official holidays. If an employee works on a holiday, they are paid their usual rate of pay unless it is the employer’s policy to pay extra rates such as time-and-a-half. California law does not require the employer to pay any additional pay if an employee works on the day of a holiday unless it is part of their common practice or if the employee has worked in excess of a 40 hour, 8 hour per day work week. Saturdays and Sunday are also paid at the same rate as hours worked during a weekday. In addition, California law does not require its employers to close for business on any holiday or to give their employees the day off for a particular holiday.

    Holiday or weekend pay is given to workers at the discretion of the employers according to company policy, the practices adopted by the employer, or the terms agreed upon between the employer and the employee.

    The Division of Labor Standards and Enforcement (DLSE) enforce Labor Code statutes, investigate public work complaints and discrimination, and enforces Labor Code statutes among its many duties. At the same time, The Division of Labor Statistics and Research (DLSR) and is dedicated to collecting, compiling and presenting accurate statistics and research regarding the current condition of labor in the state of California. Combined, these two agencies are dedicated to achieving the highest quality of service possible for the people of California.

    Holiday Pay Law Requirements in the State of California ...
  • What holidays are paid in California?

    Holidays. 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.

    Posted on May 16, 2016 by

    Madison

    California observes the official federal holidays which are New Year’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day as well as days celebrating birthdays or notable people including Martin Luther King, Jr. Day, Lincoln’s and Washington’s Birthdays, and Cesar Chavez Day.

    As in many states, California employers are not required to pay their workers holiday pay when they close for business on official holidays. If an employee works on a holiday, they are paid their usual rate of pay unless it is the employer’s policy to pay extra rates such as time-and-a-half. California law does not require the employer to pay any additional pay if an employee works on the day of a holiday unless it is part of their common practice or if the employee has worked in excess of a 40 hour, 8 hour per day work week. Saturdays and Sunday are also paid at the same rate as hours worked during a weekday. In addition, California law does not require its employers to close for business on any holiday or to give their employees the day off for a particular holiday.

    Holiday or weekend pay is given to workers at the discretion of the employers according to company policy, the practices adopted by the employer, or the terms agreed upon between the employer and the employee.

    The Division of Labor Standards and Enforcement (DLSE) enforce Labor Code statutes, investigate public work complaints and discrimination, and enforces Labor Code statutes among its many duties. At the same time, The Division of Labor Statistics and Research (DLSR) and is dedicated to collecting, compiling and presenting accurate statistics and research regarding the current condition of labor in the state of California. Combined, these two agencies are dedicated to achieving the highest quality of service possible for the people of California.

    Holidays - dir.ca.gov
  • Are California employees eligible for holiday pay?

    In the United States, many states require employers to provide additional pay or benefits to employees who perform work during legal holidays. However, it is a different case for California. In the State, there is no specific California labor and employment law requiring employers to give additional salary to workers during holidays.

    Posted on May 16, 2016 by

    Madison

    California observes the official federal holidays which are New Year’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day as well as days celebrating birthdays or notable people including Martin Luther King, Jr. Day, Lincoln’s and Washington’s Birthdays, and Cesar Chavez Day.

    As in many states, California employers are not required to pay their workers holiday pay when they close for business on official holidays. If an employee works on a holiday, they are paid their usual rate of pay unless it is the employer’s policy to pay extra rates such as time-and-a-half. California law does not require the employer to pay any additional pay if an employee works on the day of a holiday unless it is part of their common practice or if the employee has worked in excess of a 40 hour, 8 hour per day work week. Saturdays and Sunday are also paid at the same rate as hours worked during a weekday. In addition, California law does not require its employers to close for business on any holiday or to give their employees the day off for a particular holiday.

    Holiday or weekend pay is given to workers at the discretion of the employers according to company policy, the practices adopted by the employer, or the terms agreed upon between the employer and the employee.

    The Division of Labor Standards and Enforcement (DLSE) enforce Labor Code statutes, investigate public work complaints and discrimination, and enforces Labor Code statutes among its many duties. At the same time, The Division of Labor Statistics and Research (DLSR) and is dedicated to collecting, compiling and presenting accurate statistics and research regarding the current condition of labor in the state of California. Combined, these two agencies are dedicated to achieving the highest quality of service possible for the people of California.

    Time off for holidays and holiday pay under California law
  • What is holiday pay and how is it calculated?

    the pay for those annual holidays is calculated at the rate of the employee’s average weekly earnings over the 12 months just before the end of the last pay period before the annual holiday is taken (with no comparison to ordinary weekly pay).

    Every day should be a holiday. Yet, at work, only certain days are. At the end of the year, many employees look forward to extra wages, or paid time off, around the holidays. Let’s discuss how employers calculate holiday pay accurately so they can compensate you fairly.

    Every Day Should Be a Holiday

    In the United States, employees are not required to be paid during holidays. However, according to the Bureau of Labor Statistics (BLS), employers as a whole provide compensation to their employees for an average of 8 holidays per year:

    • New Year’s Day
    • Easter
    • Memorial Day
    • Independence Day
    • Labor Day
    • Thanksgiving Day
    • The Day After Thanksgiving
    • Christmas Day

    In addition to these commonly paid holidays, some employers consider federal holidays and other special days as paid time off for their employees. These include:

    • Martin Luther King, Jr. Birthday
    • President’s Day
    • Veterans’ Day
    • Floating holidays (i.e., some companies offer a handful of days per year for employees to use at their convenience)
    • Employee’s birthday (e.g., KPMG and Virgin Media offer this unique benefit)
    • Christmas Eve
    • New Year’s Eve
    • Mondays (totally kidding)

    According to the BLS, 97% of all workers in the manufacturing and information industries had access to paid holidays, versus 77% of private industry workers, and 37% of workers in leisure and hospitality. How did all these employees get their holiday pay?

    What Is Holiday Pay, and How Is It Calculated?

    Holiday pay is any form of pay you receive for working, or not working, during a holiday. Holiday pay comes in three flavors:

    • Take the day (or week) off – Some companies pay what you would normally receive to work while giving you the day off. Some companies, like Buffer, even close during the final week of the year so that employees can rest up and be more productive upon their return without even needing to use up any paid time off! Calculation: Normal pay per day not worked x 1 = Holiday Pay.
       
    • Work and get paid more – Some companies pay time-and-a-half or double-time for working on a holiday. This isn’t legally required, but can incent more employees to work over a holiday, and is also a nicety that can help make working on a holiday more bearable, profitable, or inviting. Plus, it can improve morale. Calculation: Normal pay per day worked x 1.5 (for time-and-a-half), or x 2 (for double-time) = Holiday Pay.
       
    • Work like normal – Federal law does not require you to pay your employees extra, or above normal pay, for working on a holiday. Legally, it’s just another day where you earn the same as any other day. Calculation: Normal pay per day worked x 1 = Ordinary Pay.

    Exempt vs. non-Exempt Employees in Holiday Pay

    Federal law view holidays as just another business day, but both federal (e.g., the FLSA) and state laws require most employers, but not all, to pay overtime to non-exempt employees. On the other hand, exempt employees are not entitled to overtime pay.

    If you opt to take a day off over a holiday (e.g., sick or vacation time), employers are not obligated to pay you for that day. The Fair Labor Standards Act (FLSA) requires employers to pay only for time worked. This means that if you choose to take off Christmas Day and New Year’s Day (both federal holidays), your employer is not required to give you any amount of pay for those days at all.

    If you are a non-exempt employee in retail or hospitality where there are a high proportion of hourly workers, holidays are typically considered regular workdays and you will likely receive normal pay for time worked.

    For religious observances in general, employers must accommodate such requests in a consistent and nondiscriminatory fashion, but aren’t forced to accommodate all requests if doing so will bring hardships to the company as stated by the Equal Employment Opportunity Commission (EEOC).

    Holiday Pay Standards Most Companies Follow

    Under federal law, a holiday doesn’t have a special designation for overtime pay, nor is working on a holiday considered overtime.

    In practice, many employers provide holidays off or extra pay for working on a holiday. These arrangements are considered employee benefits and are typically included in an Employment Policy. This means that if your employer has agreed to provide paid holidays to you in the employment policy, you will be paid for those holidays.

    If you are entitled to overtime pay, federal law stipulates it must be calculated weekly. This means if you work over 40 hours during the week of typical paid holidays like Christmas or New Year’s Day, you are entitled to time-and-a-half. In other words, the overtime hours are paid at your hourly wage plus 50% for the hours worked over 40 hours.

    Holiday Pay Is NOT a Holiday Bonus

    Holiday bonuses are discretionary, and generally described as a gift expressing gratitude, given equally to all employees. Holiday bonuses could be a small recognition (e.g., 0 or a company gift) or something more substantial (e.g., a week’s pay).

    Also, holiday bonuses are not the same as year-end bonuses, which are much more closely aligned to performance, and vary by employee.

    Double-Trouble: The State of California

    While there is no FLSA requirement around double-time, there are double-time rules in California, which come into play if an employee works more than 12 hours in any workday or if an employee works more than seven consecutive workdays.

    In California and a few other states, there’s also a daily overtime standard. Overtime is calculated based on the day. If you work over eight hours on any given day, you are entitled to “time and a half” for every hour worked over eight hours. If you worked 10 hours on Christmas Day at a California business, State law requires that business to pay you overtime for 2 hours.

    How to Calculate Holiday Pay
cda.org

The California Department of Industrial Relations specifies, “California law does not require that an employer provide its employees with paid holidays.”. Federal and state …

askinglot.com

2. California employers are not required to pay for time off for holidays, nor are they required to pay additional wages if employees work on holidays. Likewise, there is no …

hradvisors.com

1. California employers are not required to provide employees time off for holidays. There is no requirement that California employers provide time off (except for …

californiawagelaw.com

Exempt Employee Holiday Pay. Holiday pay for exempt, salaried, employees can be confusing to both employee and employer. The general rule, however, is simply. If a …

natlawreview.com

Getting Ready for the Holidays and Pay Monday, November 22, 2021 As we approach the holiday season, employers may have uncertainty about handling holiday pay …

dir.ca.gov

There is nothing in state law that mandates an employer pay an employee a special premium for work performed on holidays, Saturdays, or Sundays, other than the overtime premium required for work in excess of eight hours in a workday or 40 hours in a workweek. Unless your employer has a policy or practice of paying a premium rate for working on a holiday, or you are subject to a collective …

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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.


1.Q. Last week I worked eight hours on the 4th of July holiday, which fell on Wednesday.  For the whole week I worked 40 hours.  When I got my paycheck this week I was paid for 40 hours at my straight time rate.  Aren't I entitled to extra pay, of at least double time, for working on a holiday?
A. There is nothing in state law that mandates an employer pay an employee a special premium for work performed on holidays, Saturdays, or Sundays, other than the overtime premium required for work in excess of eight hours in a workday or 40 hours in a workweek. Unless your employer has a policy or practice of paying a premium rate for working on a holiday, or you are subject to a collective bargaining or employment agreement that contains such a term, your employer is only required to pay you your regular rate of pay for all the straight time hours worked on the holiday, and the overtime premium required for work in excess of eight hours in a workday or 40 hours in a workweek. Since you did not work over eight hours on the holiday, or more than 40 hours during the workweek, you were paid correctly.
2.Q. My employer is open for business on every holiday, some of which I have to work. Isn't this against the law?
A. No. There is nothing in state law that mandates that an employer must close its business on any particular day, if at all. It is up to your employer to select which days, if any, it chooses to be open and closed for business, and if your employer is open on a holiday and schedules you to work that day, there is nothing in the law that obligates your employer to pay you anything but your regular pay and any overtime premium for all overtime hours worked.
3.Q. Last week we were closed for business on Monday to celebrate Memorial Day. Consequently, I worked Tuesday through Saturday that week, eight hours each day. When I got my paycheck this week I was paid for 48 hours last week at my straight time rate. Shouldn't eight of those hours be paid at time and one-half, the overtime rate, since I was paid for more than 40 hours in the workweek?
A. No, you were paid correctly. In this situation, even though you did not work on the holiday your employer chose to pay you for it, which it has the absolute right and discretion to do. However, the determination of whether overtime pay is due is based upon hours worked, more than eight in a workday or more than 40 in a workweek, and not upon pay received. Thus, since you did not work more than eight hours in any one workday, or more than 40 hours in the workweek, you are not entitled to any overtime pay for the workweek.
4.Q. We get 11 holidays off each year without pay. My sister gets the same 11 holidays off, and she gets paid for all of them. Is my employer breaking the law because he's not paying us for these holidays when he's required to, even though we don't work on any of them?
A. No, your employer is not breaking the law. There is nothing in state law that mandates that employees be paid for holidays that are not worked.
laborlawcenter.com

California observes the official federal holidays which are New Year’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day as well as days celebrating birthdays or notable people including Martin Luther King, Jr. Day, Lincoln’s and Washington’s Birthdays, and Cesar Chavez Day. As in many states, California employers...

Posted on May 16, 2016 by

Madison

California observes the official federal holidays which are New Year’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day as well as days celebrating birthdays or notable people including Martin Luther King, Jr. Day, Lincoln’s and Washington’s Birthdays, and Cesar Chavez Day.

As in many states, California employers are not required to pay their workers holiday pay when they close for business on official holidays. If an employee works on a holiday, they are paid their usual rate of pay unless it is the employer’s policy to pay extra rates such as time-and-a-half. California law does not require the employer to pay any additional pay if an employee works on the day of a holiday unless it is part of their common practice or if the employee has worked in excess of a 40 hour, 8 hour per day work week. Saturdays and Sunday are also paid at the same rate as hours worked during a weekday. In addition, California law does not require its employers to close for business on any holiday or to give their employees the day off for a particular holiday.

Holiday or weekend pay is given to workers at the discretion of the employers according to company policy, the practices adopted by the employer, or the terms agreed upon between the employer and the employee.

The Division of Labor Standards and Enforcement (DLSE) enforce Labor Code statutes, investigate public work complaints and discrimination, and enforces Labor Code statutes among its many duties. At the same time, The Division of Labor Statistics and Research (DLSR) and is dedicated to collecting, compiling and presenting accurate statistics and research regarding the current condition of labor in the state of California. Combined, these two agencies are dedicated to achieving the highest quality of service possible for the people of California.

hourly.io

Exempt Employees And Holiday Pay. As mentioned, if you close for the holidays, you’re not required to provide pay to your employees while you’re closed. The only exception to that rule is exempt employees. Exempt employees’ pay isn’t based on the number of hours they work; they’re paid a salary based on their job responsibilities.

lawinprocess.com

California Holiday Pay. It’s actually a misconception that state or federal law requires employees to pay workers a special holiday rate. While many employers offer to pay employees at 1.5 …

hrwatchdog.calchamber.com

If an employer chooses to deny holiday pay for employees who fail to work the day before or after a holiday, the employer should be careful to abide by California’s paid sick leave law, Saad warns. The state’s paid sick leave law includes a discrimination provision that forbids employers from taking retaliatory or punitive actions against an employee who is using their …

calaborlaw.com

By Eugene Lee | 94 When it comes to holidays, many employers in California and across the country tend to give employees either the day off with pay (“paid holiday”), or give extra pay for hours worked similar to overtime pay (“holiday pay”). The most common paid holidays are: New Year’s Day Memorial Day Easter Independence Day (4th of July)…

eskridgelaw.net

“Floating holidays,” if treated generally like vacation time by the employer (i.e., they can be taken at any time and are not tied to any specific day), are considered “vacation” under California law. “[L]eave time which is provided without condition is presumed to be vacation no matter what name is given to the leave by the employer ...

shouselaw.com

In California, employees can cash out vacation time when discharged, or while still working. Once vacation time is accrued, it is owed as wages. Because vacation time is a form of wage, the worker is entitled to it upon discharge. While employers can cap how much vacation time a worker can accumulate, “use it or lose it” policies are forbidden.

aegislawfirm.com

Regarding pay, the only state-mandated law that entitles employees to overtime pay is the same regulation stating that anything more than 40 hours in a workweek deserves time and a half. If you work on a holiday, but you’re within 40 hours, your employer does not have to pay you overtime for working on the holiday.

calhr.ca.gov

2021 Holiday Dates. Friday, January 1 New Year’s Day. Monday, January 18 Martin Luther King Jr. Day. Monday, February 15 Presidents’ Day. Wednesday, March 31 Cesar Chavez Day. Monday, May 31 Memorial Day. Monday, July 5 Independence Day**.

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  • Saturday, January 1 New Year’s Day*
  • Monday, January 17 Martin Luther King Jr. Day
  • Monday, February 21 Presidents’ Day
  • Thursday, March 31 Cesar Chavez Day
  • Monday, May 30 Memorial Day
  • Monday, July 4 Independence Day
  • Monday, September 5 Labor Day
  • Friday, November 11 Veterans Day
  • Thursday, November 24 Thanksgiving Day
  • Friday, November 25 Day after Thanksgiving
  • Monday, December 26 Christmas Day (Observed)**

*When a holiday falls on a Saturday, employees shall receive holiday credit.

 **When a holiday falls on a Sunday, the holiday is observed on the following Monday.

In addition to the holidays listed, excluded employees receive one personal holiday per fiscal year.

To be eligible for a personal holiday, an employee must be: (a) appointed to a class that requires a probationary period; (b) appointed to an exempt position where leave credits are earned; or (c) appointed to a Career Executive Assignment (CEA) position for more than six months.  Once eligible employees complete six months of their initial probationary period, they are credited with a personal holiday for the current fiscal year.  Thereafter, the personal holiday is credited on July 1 of each year.

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callahan-law.com

The only time California law is going to require additional pay on a holiday is if the employee has worked more than 8 hours during that working day or if the employee has worked more than 40 hours during that workweek. Additionally, California law does not require any employer to close for business on any holiday or to give their employees ...

heidarilawgroup.com

California holiday pay law proposals. Several times in the past organizations have wanted to pass days off for employees who work on the holidays. For example, the Double Pay on the Holiday Act of 2016 was proposed in California but was never signed into law. The proposed rule was to pay 2 times the regular rate an employee would make on a holiday.

odelllaw.com

In sum, your California employer does not have to give you holidays off or pay you extra for working on a holiday, unless exceptions apply. However, if you have any questions in regards to your employment rights, reach out to us today by calling (949) 833-7105 or emailing us at [email protected] for a free consultation.

employers.org

1. Holidays Are Your Call. California employers are NOT required to provide employees with paid holidays, close their business on a holiday, give employees the day off …

Time off for holidays and holiday pay under California law ...

23-11-2018 · Happy Thanksgiving! I hope everyone is getting some time to relax and enjoy some time with their families. Entering the holiday season, it is a good

23-11-2018

Happy Thanksgiving!  I hope everyone is getting some time to relax and enjoy some time with their families.  Entering the holiday season, it is a good time to review employer’s obligations to accommodate requests for time off for holidays and best pay practices during holiday leaves.  This Friday’s Five covers five reminders for employers about holiday leaves and pay:

1. California employers are not required to provide employees time off for holidays.

There is no requirement that California employers provide time off (except for religious accommodations – see below) for holidays. California’s DLSE’s website states the following:

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.

2. California employers are not required to pay for time off for holidays, nor are they required to pay additional wages if employees work on holidays.

Likewise, there is no requirement that employers pay employees extra pay or “holiday pay” for work performed on holidays. Employers can voluntarily agree to pay employees extra pay for work that is required during holidays, but these terms would be governed by policy set forth by the employer. Therefore, employers are urged to make sure their holiday pay policies are clearly set forth.

California’s legislature has proposed bills that would require certain employers to pay employees double time for work done on Thanksgiving, but none of these bills have become law.  For example, the “Double Pay on the Holiday Act of 2016” proposed to require an employer to pay at least 2 times the regular rate of pay to employees at retail and grocery store establishments on Thanksgiving. None of these attempts by the legislature have been successful yet in requiring California employers to pay any extra “holiday pay.”

3. Employers must provide reasonable accommodations for employees who cannot work on certain holidays due to religious observances.

Employers need to be aware of any religious observances of their employees since employers need to provide reasonable accommodations for employees due to religious reasons. The analysis of reasonable accommodation is required is a case by case analysis based on the company’s type of business and the accommodation requested by the employee. If the employer’s operations require employees to work during normally recognized holidays, such as a restaurant, then this should be communicated to employees in the handbook or other policies and set the expectation that an essential function of the job requires work during normal holidays.

4. If an employer does pay for time off during holidays, the employer does not have to allow employees to accrue holiday paid time off.

If an employee leaves employment before the holiday arrives, the employer is not required to pay the employee for the day off.  But the employer’s policy regarding holiday pay must clearly set out that this benefit does not accrue to employees and that they must be employed during the specific holidays to receive the holiday pay.  Often the employer will also require that the employee works the days leading up to and following the holiday in order be eligible for the holiday pay.

5. If a pay day falls on certain holidays, and the employer is closed, the employer may process payroll on the next business day.

If an employer is closed on holidays listed in the California Government Code, then the employer may pay wages on the next business day.

employmentlawhandbook.com

If state employees are required to work on a holiday, they are entitled to receive straight-time pay and eight hours of holiday credit. CA Government Code 19853 Different rules may apply to state employees in State Bargaining Unit 5. See CA Government Code 19853.1.

The State of California has designated several days each calendar year as state holidays. The implications of these state holidays on public employers and private employers is discussed below.

The following list contains the state holidays recognized by California.

  • Sunday
  • New Year’s Day (January 1)
  • Martin Luther King, Jr. Day (3rd Monday in January)
  • Lincoln Day (February 12)
  • 3rd Monday in February
  • Cesar Chavez Day (March 31)
  • Good Friday from 12 noon until 3 p.m. (date varies from year to year but usually occurs in March or April)
  • Memorial Day (last Monday in May)
  • July 4th
  • Labor Day (1st Monday in September)
  • Admission Day (September 9)
  • Native American Day (4th Friday in September)
  • Columbus Day (2nd Monday in October)
  • Veterans Day (November 11)
  • Thanksgiving Day (4th Thursday in November)
  • Christmas Day (December 25)
  • Any day appointed by the President or Governor for a public fast, thanksgiving, or holiday

CA Government Code 6700

When New Year’s Day, Lincoln Day, Cesar Chavez Day, July 4th, Admission Day, Veteran’s Day, or Christmas fall on a Sunday, it is observed on the following Monday. If Veteran’s Day falls on Saturday, it is observed on the prior Friday. CA Government Code 6701, CA Government Code 19853 When laws, ordinances, or charters provide that public offices shall be closed on holidays and a holiday falls on a Saturday, noon to midnight is a holiday as regards to the transaction of business in the public offices of the state or political divisions on that Saturday. CA Government Code 6702 The governor may designate additional holidays. CA Government Code 6701

Click here for a list of federal holidays.

Public employers

State employees are entitled to the following holidays: New Year’s Day, Martin Luther King, Jr. Day, 3rd Monday in February, Cesar Chavez Day, Memorial Day, July 4th, Labor Day, Veteran’s Day, Thanksgiving Day, the day after Thanksgiving Day, and Christmas. If state employees are required to work on a holiday, they are entitled to receive straight-time pay and eight hours of holiday credit. CA Government Code 19853 Different rules may apply to state employees in State Bargaining Unit 5. See CA Government Code 19853.1

Full-time state employees who have worked for the state for at least six months are entitled to one personal holiday per year, which is credited on July 1. State offices may require employees to provide at least five working days’ advance notice before taking personal holiday leave and may deny requests due to operational needs. CA Government Code 19854 State employees, as defined in CA Government Code 3513(c), elect to take their personal holiday on Native American Day (4th Friday in September). CA Government Code 19853(e)

City offices must be closed on the holidays listed above unless the city has designated otherwise by charter, ordinance, or resolution. CA Government Code 6702 Counties may pass ordinance or resolutions that provide an alternative day as a holiday when any of the above listed holidays fall on a Saturday, except for employees working as court attaches. CA Government Code 6701

State office and institutions and the University of California must be closed on Admission Day. State offices, agencies, and institutions, including the Legislature and the University of California, must be closed on Veteran’s Day. If Veteran’s Day falls on a Saturday, it is observed the prior Friday. CA Government Code 6703

Cities and districts may pass ordinances or resolutions designating every Saturday as a holiday; however, the ordinances or resolutions must provide for the continuation of essential public services such as police and fire protection. CA Government Code 6704

Public schools

Public schools must be closed on:

  • New Year’s Day
  • Martin Luther King, Jr. Day or the Monday or Friday in the week in which January 15 falls
  • The Monday or Friday of the week in which Lincoln Day falls
  • Washington Day
  • Memorial Day
  • July 4th
  • Labor Day
  • Veterans Day
  • Thanksgiving Day
  • Christmas Day
  • Any other day designated by the president or governor
  • Any other day designated by the governing school board

When a holiday falls on a Saturday, schools must be closed the prior Friday. When a holiday falls on a Sunday, schools must be closed the following Sunday. School district may change the day a holiday listed above is observed, except for Veterans Day. CA Education Code 37220 Public schools may also be closed on Cesar Chavez Day or the Monday preceding or Friday following that day, CA Education Code 37220.5, and Native American Day (4th Friday in September), CA Education Code 37220.7.

Private employers

Private employers in California are not required to close on any of the listed holidays. Additionally, private employers are not required to allow employees to take either paid or unpaid time off on the holidays nor are they required to pay employees any premium wage rates to employees who work on the holidays. Private employers may establish policies or practices granting employees time off on any of the listed holiday or agree to pay premium wage rates to employees who work on those days. Employers who establish such policies or practices may be required to comply with them.

Find out more about California’s Leave Laws.

cda.org

Premium pay for weekend, holiday work not required by state law. California law does not require employers to pay employees premium pay for work they perform on a …

californiaemploymentlawreport.com

California’s legislature has proposed bills that would require certain employers to pay employees double time for work done on Thanksgiving, but none of these bills have become law. For example, the “ Double Pay on the Holiday Act of 2016 ” proposed to require an employer to pay at least 2 times the regular rate of pay to employees at ...

calhr.ca.gov

holiday. • In most cases, 8 hours of pay warrant. To key an additional 8 hours for the day: • Key 8 hours as either Holiday Credit or straight pay. In most cases, 8 hours of pay warrant. To key additional 12 • Key 8 hours of Holiday Credit or straight pay; and Key 8 hours of half-time pay. Holiday falls on RDO* Holiday falls on non-RDO

lawyers.com

There are no special overtime pay rules for holidays under California law or the Fair Labor Standards Act (FLSA). Generally, overtime only comes into play when the employee works over 40 hours during the holiday week, not because one of the days worked in a 40 hour work week happens to be a holiday.

california-labor-law-attorney.com

Presently, the California labor law does not require employers to provide its employees with holiday pay when they are not working or that an employee is given the day off for any particular holiday. Besides, employers are not even required to close their business on any holiday.

Are Employers Required to Give Holiday Pay or Paid ...

I continued to get paid only for holiday pay for the next couple of months and I went to HR with my concern and 2 days later they let go 4 women and 1 man. I was one of those women. My final pay was for January 4th 2019 but I received no holiday pay for Christmas or New Years when they were already paying me Holiday pay.

holiday payWhen it comes to holidays, many employers in California and across the country tend to give employees either the day off with pay (“paid holiday”), or give extra pay for hours worked similar to overtime pay (“holiday pay”). The most common paid holidays are:

  • New Year’s Day
  • Memorial Day
  • Easter
  • Independence Day (4th of July)
  • Labor Day
  • Thanksgiving Day
  • Christmas Day

I hate to dim your holiday cheer, but: neither federal law, nor California law, requires employers to give holiday pay or paid holidays. This is true whether you are an exempt salaried or non-exempt hourly paid employee. So if your employer gives holiday pay, that’s great. If not, there isn’t much you can do, legally, about it.

As usual there are exceptions: e.g., if your employer has a holiday pay policy or practice, if holiday pay is promised for in your offer letter or employment agreement, if your union collective bargaining agreement requires holiday pay, etc. In those cases, the employer may be contractually bound to give you holiday pay or paid holidays. If that’s the case and you are being denied holiday pay, you should consider filing a labor board complaint.

By the way, studies have shown that paid time off boosts employee morale and can lead to higher productivity and reduced employee turnover. According to Forbes Magazine:

If employees would take just one additional day of earned leave each year, the result would mean billion in output for the U.S. economy and positive impacts for both employees and businesses.

So if your employer is being a Scrooge about holiday pay, maybe point them to that Forbes article. Or consider looking for a more enlightened employer to work for. Happy Holidays!

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What is Holiday Pay and How is it Calculated?

05-11-2020 · Here’s a simple rule: If your employer pays you for holidays worked, the pay rate you earn has to at least be the same as your normal pay rate. So, if you’re paid per hour for working a regular shift, your rate for working a holiday is legally required to be at least per hour as well. That being said, some employers may offer a ...

05-11-2020

Chime is a financial technology company, not a bank. Banking services provided by The Bancorp Bank or Stride Bank N.A.; Members FDIC

A little holiday pay can be a welcome addition to your bank account—especially at the end of the year. 

But is this employee perk a thing at your job? And exactly how much extra cash does it add to your paycheck? 

Understanding how holiday pay policies work can help you make the most of this valuable benefit. To start, let’s break down the basics.

In simple terms, holiday pay is money you receive for working (or in some cases, not working) on a holiday. Employers can offer this benefit for federal and state government-designated holidays, including:

  • New Year’s Day
  • Birthday of Martin Luther King, Jr.
  • Washington’s Birthday (also known as Presidents Day)
  • Memorial Day
  • Independence Day
  • Labor Day
  • Columbus Day (or Indigenous Peoples’ Day)
  • Veterans Day
  • Thanksgiving Day
  • Christmas Day

Companies can also choose other days to include in this benefit, such as Good Friday, Easter, the day after Thanksgiving, Christmas, or New Year’s Eve.

Generally speaking: If you work on a holiday day, employers have to pay you. So, with the exception of seasonal and part-time workers, anyone who works on a holiday is eligible for holiday pay. 

But if your company is closed on a holiday or you opt to take time off, it’s up to your employer to decide if those days should be paid or not. That’s because the Fair Labor Standards Act (FLSA) doesn’t require payment for time not worked—including holidays or vacations.

Knowing how much money to expect can help you plan ahead with your finances. Thankfully, there are holiday pay laws that help do that by outlining how much employees have to earn for working a holiday. 

Here’s a simple rule: If your employer pays you for holidays worked, the pay rate you earn has to at least be the same as your normal pay rate. 

So, if you’re paid per hour for working a regular shift, your rate for working a holiday is legally required to be at least per hour as well. 

That being said, some employers may offer a higher rate for holidays worked at their discretion. For example, you could receive time and a half pay for your effort in place of your regular hourly wage. But that decision is not legally required, it’s up to your employer.

Earning time and a half means that you’ll receive 50% more than your regular pay rate. 

If we go back to the previous per hour example, your time and a half pay rate would come out to .50 per hour. Remember, this is what you’ll earn before taxes are taken out.

If you work overtime, you might have earned time and half pay before or be familiar with the concept. Any hours you work during the week over 40 are considered to be overtime and eligible for time and a half pay.

Some states also use a daily rule for overtime pay. Once you hit eight hours of work, any hours beyond that for the day are considered overtime and are eligible for time and a half pay. 

Employers who want to offer premium pay rates for holidays worked can increase the amount to double time. Earning double time for holiday pay means you’re getting twice your regular hourly rate. For example: A hourly rate would turn into an hour.  

There are no employment laws that specify which holidays have to be paid time and half: The decision to do so is up to the employer. 

So, for example, any of the federally-recognized holidays mentioned earlier could be eligible for time and a half or double time pay if that’s included in your employer’s holiday pay policy. Time and a half pay could also be offered for any other days your employer designates as a holiday.

The only scenario where time and a half is required is if you work overtime during a holiday week. And then, your time and a half rate would still be based on your regular hourly wage and the number of hours you worked over 40. 

You can earn holiday pay and overtime pay in the same week. But overtime calculations are only based on the number of hours you actually worked. If you receive holiday pay for eight hours that you didn’t work, those hours wouldn’t count toward your total for overtime pay

If your employer offers holiday pay, the details of their pay policy should be spelled out in your employee handbook. If you don’t have a copy of your employee handbook available, you can reach out to your HR or payroll department for more answers. 

When discussing holiday pay benefits, either as a current employee or a new hire, be sure to ask the following questions:

  • Does the company have a holiday pay package?
  • Which holidays are included in the company’s policy?
  • Does the policy designate paid holidays, regardless of whether you work?
  • How much will I be paid for working on a holiday? (i.e., your regular rate, time and a half or double time)
  • Is working a holiday voluntary or mandatory?

Remember, there is no federal law that requires your company to give you a holiday off. The exception is if you need to take a holiday off for religious observance. In that case, the Department of Labor requires employers to make reasonable accommodations so you can do so. 

If your employer offers holiday benefits, whether you’re working the holiday or not, it pays to take advantage of them. Having extra money come your way could help you cover last-minute shopping or pay off any credit card debt you might have accumulated buying presents. 

Another good way to make use of your employer’s financial gift? Use your holiday pay to open a savings account. That way, you could jumpstart your emergency fund or start planning for a long-term financial goal without taking away from your regular paychecks. 

It’s easy to think of holiday pay as free money—especially if you’re getting paid for a holiday without working. But even if you only receive it a few times a year, it’s still important to stretch those extra dollars as far as possible.

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advocacy.calchamber.com

California Holiday Pay, Time Off Rules. In this episode of The Workplace podcast, CalChamber employment law experts Matthew Roberts and Bianca Saad discuss California holiday wage and hour issues, including holiday pay, policy best practices, employees calling out sick, and handling vacation requests. Around this time of year, many employees ...

How to Calculate Holiday Pay

22-05-2019 · This means if you work over 40 hours during the week of typical paid holidays like Christmas or New Year’s Day, you are entitled to time-and-a-half. In other words, the overtime hours are paid at your hourly wage plus 50% for the hours worked over 40 hours. Holiday Pay Is NOT a …

22-05-2019

Every day should be a holiday. Yet, at work, only certain days are. At the end of the year, many employees look forward to extra wages, or paid time off, around the holidays. Let’s discuss how employers calculate holiday pay accurately so they can compensate you fairly.

Every Day Should Be a Holiday

In the United States, employees are not required to be paid during holidays. However, according to the Bureau of Labor Statistics (BLS), employers as a whole provide compensation to their employees for an average of 8 holidays per year:

  • New Year’s Day
  • Easter
  • Memorial Day
  • Independence Day
  • Labor Day
  • Thanksgiving Day
  • The Day After Thanksgiving
  • Christmas Day

In addition to these commonly paid holidays, some employers consider federal holidays and other special days as paid time off for their employees. These include:

  • Martin Luther King, Jr. Birthday
  • President’s Day
  • Veterans’ Day
  • Floating holidays (i.e., some companies offer a handful of days per year for employees to use at their convenience)
  • Employee’s birthday (e.g., KPMG and Virgin Media offer this unique benefit)
  • Christmas Eve
  • New Year’s Eve
  • Mondays (totally kidding)

According to the BLS, 97% of all workers in the manufacturing and information industries had access to paid holidays, versus 77% of private industry workers, and 37% of workers in leisure and hospitality. How did all these employees get their holiday pay?

What Is Holiday Pay, and How Is It Calculated?

Holiday pay is any form of pay you receive for working, or not working, during a holiday. Holiday pay comes in three flavors:

  • Take the day (or week) off – Some companies pay what you would normally receive to work while giving you the day off. Some companies, like Buffer, even close during the final week of the year so that employees can rest up and be more productive upon their return without even needing to use up any paid time off! Calculation: Normal pay per day not worked x 1 = Holiday Pay.
     
  • Work and get paid more – Some companies pay time-and-a-half or double-time for working on a holiday. This isn’t legally required, but can incent more employees to work over a holiday, and is also a nicety that can help make working on a holiday more bearable, profitable, or inviting. Plus, it can improve morale. Calculation: Normal pay per day worked x 1.5 (for time-and-a-half), or x 2 (for double-time) = Holiday Pay.
     
  • Work like normal – Federal law does not require you to pay your employees extra, or above normal pay, for working on a holiday. Legally, it’s just another day where you earn the same as any other day. Calculation: Normal pay per day worked x 1 = Ordinary Pay.

Exempt vs. non-Exempt Employees in Holiday Pay

Federal law view holidays as just another business day, but both federal (e.g., the FLSA) and state laws require most employers, but not all, to pay overtime to non-exempt employees. On the other hand, exempt employees are not entitled to overtime pay.

If you opt to take a day off over a holiday (e.g., sick or vacation time), employers are not obligated to pay you for that day. The Fair Labor Standards Act (FLSA) requires employers to pay only for time worked. This means that if you choose to take off Christmas Day and New Year’s Day (both federal holidays), your employer is not required to give you any amount of pay for those days at all.

If you are a non-exempt employee in retail or hospitality where there are a high proportion of hourly workers, holidays are typically considered regular workdays and you will likely receive normal pay for time worked.

For religious observances in general, employers must accommodate such requests in a consistent and nondiscriminatory fashion, but aren’t forced to accommodate all requests if doing so will bring hardships to the company as stated by the Equal Employment Opportunity Commission (EEOC).

Holiday Pay Standards Most Companies Follow

Under federal law, a holiday doesn’t have a special designation for overtime pay, nor is working on a holiday considered overtime.

In practice, many employers provide holidays off or extra pay for working on a holiday. These arrangements are considered employee benefits and are typically included in an Employment Policy. This means that if your employer has agreed to provide paid holidays to you in the employment policy, you will be paid for those holidays.

If you are entitled to overtime pay, federal law stipulates it must be calculated weekly. This means if you work over 40 hours during the week of typical paid holidays like Christmas or New Year’s Day, you are entitled to time-and-a-half. In other words, the overtime hours are paid at your hourly wage plus 50% for the hours worked over 40 hours.

Holiday Pay Is NOT a Holiday Bonus

Holiday bonuses are discretionary, and generally described as a gift expressing gratitude, given equally to all employees. Holiday bonuses could be a small recognition (e.g., 0 or a company gift) or something more substantial (e.g., a week’s pay).

Also, holiday bonuses are not the same as year-end bonuses, which are much more closely aligned to performance, and vary by employee.

Double-Trouble: The State of California

While there is no FLSA requirement around double-time, there are double-time rules in California, which come into play if an employee works more than 12 hours in any workday or if an employee works more than seven consecutive workdays.

In California and a few other states, there’s also a daily overtime standard. Overtime is calculated based on the day. If you work over eight hours on any given day, you are entitled to “time and a half” for every hour worked over eight hours. If you worked 10 hours on Christmas Day at a California business, State law requires that business to pay you overtime for 2 hours.

topclassactions.com

If you work more than 40 hours per workweek, California law says you must be paid one and one-half times your regular rate of pay for all hours worked beyond eight hours and up to 12 hours in any workday. That formula applies whether or not a holiday is included in the overtime calculation. My Brother Works for a Company That Provides Paid ...

edd.ca.gov

All EDD payroll tax offices are open Monday through Friday from 8 a.m. to 5 p.m., except on state holidays. When the due date for reporting or paying payroll taxes is on any of the below legal holidays, the due date is extended to the next business day. Refer to this table for details on how 2022 legal holidays will affect payroll tax due dates.

Overtime Law in California: A Simple Guide (2021)

27-07-2020 · Overtime wages are a type of increased payment that employees can earn when they work more than a certain number of hours in a workday or workweek. Most non-exempt employees in California have a legal right to receive overtime wages when they work long hours.⁠1 The amount of overtime depends on the length of the employee’s shift and the number of days he or she has worked …

27-07-2020

29 U.S.C. § 207; Labor Code, § 510, subd. (a).↥

Labor Code, § 510, subd. (a).↥

Stephanie Plancich, et al., Trends in Wage and Hour Settlements: 2015 Update (Opens in new window), at p. 14 (2015).↥

Huntington Memorial Hospital v. Superior Court (2005) 131 Cal.App.4th 893, 902 [“‘The purpose behind the overtime pay requirement is two-fold: (1) to spread employment by encouraging employers to avoid overtime work and thereby employ additional workers on a regular basis; and (2) where the employer prefers overtime work, to compensate the employee for the burden of working longer hours.'”], quoting Donovan v. McKissick Products Co. (10th Cir. 1983) 719 F.2d 350, 352.↥

Huntington Memorial Hospital v. Superior Court (2005) 131 Cal.App.4th 893, 902.↥

Industrial Welfare Com. v. Superior Court of Kern County (1980) 27 Cal.3d 690, 702 [“[I]n light of the remedial nature of the legislative enactments authorizing the regulation of wages, hours and working conditions for the protection and benefit of employees, the statutory provisions are to be liberally construed with an eye to promoting such protection.”]; Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal. 4th 1004, 1026⁠–⁠1027.↥

29 U.S.C. § 207; Labor Code, § 510.↥

See 29 U.S.C. § 207 [covering overtime].↥

29 U.S.C. § 218; Aguilar v. Ass’n for Retarded Citizens (1991) 234 Cal.App.3d 21, 34 [“[F]ederal law does not control unless it is more beneficial to employees than the state law.”].↥

United Parcel Service Wage & Hour Cases (2010) 190 Cal.App.4th 1001, 1010 [“In many respects, California law provides broader protection of employee rights, and in such instances, California law controls.”].↥

Sullivan v. Oracle Corp. (2011) 51 Cal.4th 1191, 1197 [“California’s overtime laws apply by their terms to all employment in the state . . . .”].↥

Labor Code, § 515 [“The Industrial Welfare Commission may establish exemptions from the requirement that an overtime rate of compensation be paid pursuant to Sections 510 and 511 for executive, administrative, and professional employees, if the employee is primarily engaged in the duties that meet the test of the exemption, customarily and regularly exercises discretion and independent judgment in performing those duties, and earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment.”].↥

Cal. Code of Regs., tit. 8, §§ 11010⁠–⁠11170, subds. 1(C).↥

Labor Code, § 514.↥

See Cal. Code Regs., tit. 8, §§ 11140, subd. 3, 11150, subd. 3.↥

Labor Code, 515, subd. (a), (c).↥

Labor Code, 515, subd. (a).↥

Labor Code, § 515, subd. (a) [requiring employees to “customarily and regularly exercises discretion and independent judgment in performing” the duties of their job].↥

See, e.g., Cal. Code Regs., tit. 8, § 11040, subd. 1(A)(1) [defining the executive exemption].↥

See, e.g., Cal. Code Regs., tit. 8, § 11040, subd. 1(A)(2) [defining the administrative exemption].↥

See, e.g., Cal. Code Regs., tit. 8, § 11040, subd. 1(A)(3) [defining the professional exemption].↥

Cal. Code of Regs., tit. 8, §§ 11010⁠–⁠11170, subds. (1)(C).↥

Cal. Code of Regs., tit. 8, §§ 11010⁠–⁠11170, subds. (2)(M).↥

Labor Code, § 514.↥

Labor Code, § 514.↥

Labor Code, § 514.↥

Labor Code, § 1173.↥

Cal. Code Regs., tit. 8, § 11150, subd. 3.↥

Cal. Code Regs., tit. 8, § 11050, subd. 3.↥

Cal. Code Regs., tit. 8, § 11050, subd. 3.↥

Cal. Code Regs., tit. 8, § 11050, subd. 3.↥

Cal. Code Regs., tit. 8, § 11050, subd. 3.↥

Cal. Code Regs., tit. 8, § 11050, subd. 3.↥

Cal. Code Regs., tit. 8, § 11140, subd. 3.↥

See, e.g., Cal. Code Regs., tit. 8, § 11040, subd. 1(D).↥

Sullivan v. Oracle Corp. (2011) 51 Cal.4th 1191, 1206 [“The California Labor Code does apply to overtime work performed in California for a California-based employer by out-of-state plaintiffs in the circumstances of this case, such that overtime pay is required for work in excess of eight hours per day or in excess of 40 hours per week.”].↥

Labor Code, § 1171.5, subd. (a) [“All protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state.”].↥

See Tidewater Marine Western, Inc. v. Bradshaw (1996) 14 Cal.4th 557, 578 [“[T]he Legislature may not have intended IWC wage orders to govern out-of-state businesses employing nonresidents, though the nonresident employees enter California temporarily during the course of the workday.”]; Sullivan v. Oracle Corp. (2011) 51 Cal.4th 1191, 1200 [“Nothing in Tidewater suggests a nonresident employee, especially a nonresident employee of a California employer such as Oracle, can enter the state for entire days or weeks without the protection of California law.”].↥

29 U.S.C. § 207(a)(1) [“Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”]; Labor Code, § 510 [“Any work in excess of eight hours in one workday . . . shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee.”].↥

Labor Code, § 510, subd. (a).↥

Labor Code, § 510, subd. (a).↥

Labor Code, § 510, subd. (a).↥

Labor Code, § 500, subd. (a) [“‘Workday’ and ‘day’ mean any consecutive 24-hour period commencing at the same time each calendar day.”].↥

Labor Code, § 500, subd. (b) [“‘Workweek’ and ‘week’ mean any seven consecutive days, starting with the same calendar day each week. ‘Workweek’ is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods.”].↥

Seymore v. Metson Marine, Inc. (2011) 194 Cal.App.4th 361, 368 [“Section 500 undoubtedly affords an employer significant flexibility in the designation of a workweek.”], disapproved on other grounds by Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal. 4th 833, 845⁠–⁠846.↥

Seymore v. Metson Marine, Inc. (2011) 194 Cal.App.4th 361, 369⁠–⁠370, quoting DLSE, Enforcement Policies and Interpretations Manual (Mar. 2006 rev.) p. 48-2, disapproved on other grounds by Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal. 4th 833, 845⁠–⁠846.↥

Labor Code, § 510, subd. (a).↥

Huntington Memorial Hospital v. Superior Court (2005) 131 Cal.App.4th 893, 905.↥

Labor Code, § 515, subd. (d)(1) [“For the purpose of computing the overtime rate of compensation required to be paid to a nonexempt full-time salaried employee, the employee’s regular hourly rate shall be 1/40th of the employee’s weekly salary.”]; see also Skyline Homes, Inc. v. Department of Industrial Relations (1985) 165 Cal.App.3d 239, 245 [explaining DLSE method of computing overtime for salaried employees], disapproved on other grounds by Tidewater Marine Western, Inc. v. Bradshaw (1996) 14 Cal.4th 557, 572⁠–⁠574. Note that this calculation may differ from the calculation of the regular rate under federal law. (Skyline Homes, Inc. v. Department of Industrial Relations, supra, 165 Cal.App.3d 239, 247.) California employees will usually be entitled to calculate their regular pay under California law because it is more favorable to employees than federal law.↥

Labor Code, § 515, subd. (d)(2) [“Payment of a fixed salary to a nonexempt employee shall be deemed to provide compensation only for the employee’s regular, nonovertime hours, notwithstanding any private agreement to the contrary.”].↥

Walling v. Youngerman-Reynolds Hardwood Co. (1945) 325 U.S. 419, 424 [65 S.Ct. 1242, 1245] [“The regular rate by its very nature must reflect all payments which the parties have agreed shall be received regularly during the workweek, exclusive of overtime payments.”]; Huntington Memorial Hospital v. Superior Court (2005) 131 Cal.App.4th 893, 903⁠–⁠904. The Huntington Memorial decision relied on 29 U.S.C. § 207(e), which excludes certain kinds of compensation, such as discretionary bonuses and vacation pay, from the regular rate.↥

Huntington Memorial Hospital v. Superior Court (2005) 131 Cal.App.4th 893, 910 [The bottom line is this: An employer may not engage in a subterfuge or artifice designed to evade the overtime laws.].↥

Labor Code, § 510, subd. (a).↥

See e.g., Cal. Code Regs., tit. 8, § 11040, subd. 2(K) [“‘Hours worked’ means the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.”]. While this specific regulation applies to professional, technical, clerical, mechanical, and similar occupations, the same definition of “hours worked” appears in regulations governing overtime requirements for most other occupations. (See, e.g., Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575, 582.)↥

Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575, 582.↥

29 U.S.C. § 207(a)(1); Labor Code, § 510.↥

Time and Date AS, The 7 Days of the Week (accessed May 5, 2018), available here (Opens in new window).↥

Labor Code, § 500, subd. (b); Seymore v. Metson Marine, Inc. (2011) 194 Cal.App.4th 361, 369, disapproved on other grounds by Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal. 4th 833, 845⁠–⁠846.↥

Seymore v. Metson Marine, Inc. (2011) 194 Cal.App.4th 361, 369 [“[E]mployers may for bona fide business reasons establish an infinite variety of working schedules, including rotating and alternating schedules under which employees start at different times on different days.”], disapproved on other grounds by Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal. 4th 833, 845⁠–⁠846.↥

Seymore v. Metson Marine, Inc. (2011) 194 Cal.App.4th 361, 365 [“We agree with plaintiffs that it is not permissible for Metson to artificially designate the workweek in such a way as to circumvent the statutory requirement to pay overtime rates for the seventh consecutive day worked in a workweek.”], disapproved on other grounds by Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal. 4th 833, 845⁠–⁠846. The court in Seymore noted that the employer had established a single work schedule that began a Tuesday, while designating the “workweek” to begin on a Monday. This accomplished nothing apparent in the record other than the elimination of overtime. (Seymore v. Metson Marine, Inc., supra, 194 Cal.App.4th 361, 371.)↥

Huntington Memorial Hospital v. Superior Court (2005) 131 Cal.App.4th 893, 910.↥

Labor Code, § 510, subd. (a).↥

See Labor Code, § 511.↥

Labor Code, § 511; Cal. Code of Regs., tit. 8, §§ 11010⁠–⁠11170, subds. 3(b).↥

See, e.g., Cal. Code of Regs., tit. 8, § 11050, subd. 3(b)(8) [permitting alternative workweek schedules of three 12-hour days without requiring time-and-a-half pay].↥

Cal. Code of Regs., tit. 8, §§ 11010⁠–⁠11170, subds. 3(c)(1).↥

Cal. Code of Regs., tit. 8, §§ 11010⁠–⁠11170, subds. 3(c)(3).↥

Labor Code, § 511.↥

Cal. Code of Regs., tit. 8, §§ 11010⁠–⁠11170, subds. 3(c)(2).↥

Cal. Code of Regs., tit. 8, §§ 11010⁠–⁠11170, subds. 3(c)(6).↥

Cal. Code of Regs., tit. 8, §§ 11010⁠–⁠11170, subds. 3(c)(8).↥

Labor Code, § 511, subd. (b).↥

Labor Code, § 511, subd. (b).↥

Labor Code, § 510, subd. (a); see Cal. Code Regs., tit. 8, § 11170, subd. 4 [“[E]mployees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the employee receives one and one-half (1 1/2) times such employee’s regular rate of pay for all hours worked over 40 hours in the workweek.”], emphasis added.↥

Monzon v. Schaefer Ambulance Serv. (1990) 224 Cal.App.3d 16, 40; see also Labor Code, § 510, subd. (a) [“Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work.”].↥

Monzon v. Schaefer Ambulance Serv. (1990) 224 Cal.App.3d 16, 40 [“The weekly overtime trigger of 40 hours is reached after the employee has worked 40 hours at straight or regular time, not the first 40 hours.”]; see also Labor Code, § 510, subd. (a).↥

Monzon v. Schaefer Ambulance Serv. (1990) 224 Cal.App.3d 16, 40.↥

Monzon v. Schaefer Ambulance Serv. (1990) 224 Cal.App.3d 16, 40.↥

Labor Code, § 204.3, subd. (b).↥

Labor Code, § 204.3, subd. (b)(1) [“The compensating time off is provided pursuant to applicable provisions of a collective bargaining agreement, memorandum of understanding, or other written agreement between the employer and the duly authorized representative of the employer’s employees; or, in the case of employees not covered by the aforementioned agreement or memorandum of understanding, pursuant to a written agreement entered into between the employer and employee before the performance of the work.”].↥

Labor Code, § 204.3, subds. (b), (c).↥

Labor Code, § 204.3, subds. (b)(3) [“The employee has requested, in writing, compensating time off in lieu of overtime compensation.”].↥

Labor Code, § 204.3, subds. (b)(4).↥

Labor Code, § 204.3, subds. (b).↥

Labor Code, § 204.3, subd. (a) [“An employee may receive, in lieu of overtime compensation, compensating time off at a rate of not less than one and one-half hours for each hour of employment for which overtime compensation is required by law. If an hour of employment would otherwise be compensable at a rate of more than one and one-half times the employee’s regular rate of compensation, then the employee may receive compensating time off commensurate with the higher rate.”].↥

Cal. Code of Regs., tit. 8, §§ 11010⁠–⁠11170, subds. 11 [“Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an ‘on duty’ meal period and counted as time worked.”].↥

Cal. Code of Regs., tit. 8, §§ 11010⁠–⁠11170, subds. 11(A).↥

Cal. Code of Regs., tit. 8, §§ 11010⁠–⁠11170, subds. 11.↥

Cal. Code of Regs., tit. 8, §§ 11010⁠–⁠11170, subds. 12 [“Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (3 1/2) hours.”].↥

Cal. Code of Regs., tit. 8, §§ 11010⁠–⁠11170, subds. 12 [“Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.”].↥

See Gomez v. Lincare, Inc. (2009) 173 Cal.App.4th 508, 523.↥

Gomez v. Lincare, Inc. (2009) 173 Cal.App.4th 508, 523 [“On-call waiting time may be compensable if it is spent primarily for the benefit of the employer and its business. [Citation.] A determination of whether the on-call waiting time is spent predominantly for the employer’s benefit depends on two considerations: (1) the parties’ agreement, and (2) the degree to which the employee is free to engage in personal activities.”].↥

Gomez v. Lincare, Inc. (2009) 173 Cal.App.4th 508, 523.↥

Gomez v. Lincare, Inc. (2009) 173 Cal.App.4th 508, 523.↥

Gomez v. Lincare, Inc. (2009) 173 Cal.App.4th 508, 523; see also Madera Police Officers Assn. v. City of Madera (1984) 36 Cal.3d 403, 406 [constraints placed on the activities and conduct of employees during their mealtime were so restrictive that the employees were considered at work and thus entitled to overtime compensation.].↥

See Seymore v. Metson Marine, Inc. (2011) 194 Cal.App.4th 361, 375⁠–⁠376 [collecting cases], disapproved on other grounds by Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal. 4th 833.↥

See, e.g., Bradley v. Networkers Internat., LLC (2012) 211 Cal.App.4th 1129, 1156 [discussing allegation that “workers were compelled to work off the clock and this off-the-clock work was required to be paid at premium overtime wages”].↥

Labor Code, § 226, subd. (a) [requiring employer to keep record of “total hours worked by the employee”].↥

Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575, 584⁠–⁠585.↥

Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575.↥

Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575, 584⁠–⁠585.↥

Jong v. Kaiser Foundation Health Plan, Inc. (2014) 226 Cal.App.4th 391, 395; Forrester v. Roth’s I.G.A. Foodliner, Inc. (9th Cir. 1981) 646 F.2d 413. 414⁠–⁠415.↥

Mitchell v. King Packing Co. (1956) 350 U.S. 260, 261 [76 S.Ct. 337, 339] [establishing federal standard for compensable time spent performing preliminary tasks].↥

Compare Bamonte v. City of Mesa (9th Cir. 2010) 598 F.3d 1217, 1228⁠–⁠1229 [time spent changing into police uniform not compensable if officer has option of changing at home] with Steiner v. Mitchell (1956) 350 U.S. 247, 256 [76 S.Ct. 330, 335] [time spent changing into specialized protective gear at work is an integral part of the job and is thus compensable].↥

Labor Code, § 510, subd. (b) [“Time spent commuting to and from the first place at which an employee’s presence is required by the employer shall not be considered to be a part of a day’s work, when the employee commutes in a vehicle that is owned, leased, or subsidized by the employer and is used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code.”].↥

Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575, 587 [“When an employer requires its employees to meet at designated places to take its buses to work and prohibits them from taking their own transportation, these employees are ‘subject to the control of an employer,’ and their time spent traveling on the buses is compensable as ‘hours worked.'”].↥

29 C.F.R. § 785.37.↥

Post v. Palo/Haklar & Associates (2000) 23 Cal.4th 942, 946 [“[I]f an employer fails to pay wages in the amount, time, or manner required by contract or statute, the employee may seek administrative relief by filing a wage claim with the commissioner or, in the alternative, may seek judicial relief by filing an ordinary civil action for breach of contract and/or for the wages prescribed by statute.”].↥

29 U.S.C. § 216(b) [“Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of . . . their unpaid overtime compensation . . . and in an additional equal amount as liquidated damages.”].↥

Labor Code, § 203, subd. (a) [“If an employer willfully fails to pay . . . any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30 days.”].↥

California Vacation Law (2021)

An employer is not required to provide paid-time-off under California vacation law. But many companies choose to offer vacation time as a job benefit. If an employer offers paid-time-off (PTO), California law mandates that employees get to keep their earned vacation days forever. Earned vacation days never expire in California, and employees are entitled to cash out any unused PTO when they leave the …

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An employer is not required to provide paid-time-off under California vacation law. But many companies choose to offer vacation time as a job benefit.

If an employer offers paid-time-off (PTO), California law mandates that employees get to keep their earned vacation days forever. Earned vacation days never expire in California, and employees are entitled to cash out any unused PTO when they leave the company.

Below we discuss 3 important things to know about California vacation pay law, and the 5 common methods employers use to try to take away vacation time.

California Vacation Days Never Expire: In California, it is mandatory that an employer allow its employees to bank their unused PTO days and save them for later. An employer is required to honor earned vacation time, whether the employee earned it yesterday or a year ago. Vacation policies that say “use-it-or-lose-it” are forbidden in California.

Quit or Fired with Unspent PTO: Earned vacation days are treated by California labor law as equivalent to earned wages. When an employee leaves their job, whether they quit or get fired, they have a right to cash out any unspent vacation hours. Employers are required to pay employees, at their regular rate, for all paid-time-off that the employee has accrued.

Mandatory Vacation Time: California employers are not required to give vacation time. Sick leave is another matter. California passed a law in 2015 mandating that employers provide at least 3 days of paid sick leave a year.

(1) Restrictive Vacation Time Policies: California law requires employers to let employees bank unspent vacation days, but it doesn’t place many other limits on employers’ PTO policies. For example, employers can require that employees give several weeks advance notice before taking a vacation day.

(2) No PTO Pay-Out with Final Paycheck: When an employee is terminated or quits, California law requires employers issue a final paycheck within 72 hours. This final paycheck must include a pay out for all unused vacation days. Employee’s should get a full day’s wages (or salary equivalent) for each day of unused PTO.

(3) Taking Away Vacation Days: Under California labor law, an employer cannot take away your vacation days as a punishment. Once you earn a vacation day, that day is treated as equivalent to a day’s worth of wages. Employers can, however, count partial-day absences against vacation time. For example, if an employee takes an extra four hours for lunch, an employer can typically count that as using half a vacation day.

two employees eating lunch get docked PTO under California vacation law
Employers may dock your vacation pay if you take a long lunch

(4) Independent contractors: Employers often try to avoid giving workers the protections of California labor law by misclassifying them as independent contractors. But California imposes hefty penalties for misclassifying workers as independent contractors to avoid giving them the rights due to employees. If you’re an independent contractor and your contract with the company gives you paid-time-off, this fact makes it seem that you should be an employee because your employer has the right to control your hours.

(5) Caps on Vacation Days: Employers can legally cap how many vacation days you can accrue in California. Employers that choose to offer vacation benefits can cap the number of vacation days that you can bank at—for example—5 days, or 10 days.

Gibbs Law Group is a California-based law firm committed to protecting the rights of clients nationwide who have been harmed by corporate misconduct. We represent individuals, whistleblowers, employees, and small businesses across the U.S. against the world’s largest corporations. Our award-winning lawyers have achieved landmark recoveries and over a billion dollars for our clients in high-stakes class action and individual cases involving consumer protection, data breach, digital privacy, and federal and California employment lawsuits. Our attorneys have received numerous honors for their work, including “Top Plaintiff Lawyers in California,” “Top Class Action Attorneys Under 40,” “Consumer Protection MVP,” “Best Lawyers in America,” and “Top Cybersecurity/ Privacy Attorneys Under 40.”

You’re entitled to cash out any unused vacation days in California. If your employer never paid you for unused PTO, you’re owed money. Contact us for a free, confidential consultation.

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Holiday Pay Laws: Everything You Need to Know

In fact, the Fair Labor Standards Act only requires employers to pay for such time worked; employers need not pay employees for holidays in which employees may not have to work. For example, if an employee has the day off on Christmas Day, which is a federal holiday, an employee is not entitled to pay for that day. However, with that being said, many employers do typically offer holidays off to all …

Holiday pay laws should be closely followed by all companies open for business on state or federal holidays. Specifically, federal law does not require employers to pay their employees additional compensation (i.e., time and a half) for working on a holiday. In fact, the Fair Labor Standards Act (FLSA) only requires employers to pay for such time worked; employers need not pay employees for holidays in which employees may not have to work. For example, if an employee has the day off on Christmas Day, which is a federal holiday, an employee is not entitled to pay for that day. However, with that being said, many employers do typically offer holidays off to all employees and pay for such time off. Employers should indicate in the employment contract which holidays employees will have off, and if employees will be paid for that time off. Further, employers should indicate if additional compensation will be provided for those working on holidays.

Overtime Pay

As previously noted, employers are not required to pay overtime for working on holidays. However, under federal law, employers must pay employees time and a half for those hours worked in excess of the normal 40-hour workweek schedule. Moreover, in some states, including California, there is a daily overtime pay required for those working more than eight hours in a day.

Exempt Employees

Exempt employees are those who receive an annual salary as opposed to an hourly rate. All exempt employees are paid for holidays when the company is closed. If such employees aren’t paid, the employer risks the status of the exempt employee being changed to non-exempt status, at which point employees can be paid overtime for the additional time worked over the ordinary 40 hours. In addition, if an exempt employee works on Christmas or any other federal holiday, he or she is not eligible for additional compensation or overtime pay.

Non-exempt Employees

Unlike exempt employees, non-exempt employees receive an hourly rate. Employers need not pay non-exempt employees additional compensation for holidays worked, although most companies will do so. Most companies will offer time and a half to non-exempt employee for working on a holiday. However, if a non-exempt employee doesn’t receive time and a half, any hours worked on top of the 40 hours will require overtime pay. Therefore, if a non-exempt employee works 45 hours in any given week, the additional five hours will require employers to pay time and a half.

Potential Requirements to Receive Holiday Pay

  • An employer may require that employees work the day before and after a holiday to receive holiday pay.
  • An employer may require employees to have worked for the company for a specific period of time before being eligible for holiday pay, i.e., one year of employment.
  • If a holiday party requires attendance, then the company must pay its employees for attending the event. If the event results in employees working over 40 hours a week, then non-exempt employees will be eligible for overtime pay.

Religion

Employers are required to provide reasonable accommodations to those wishing to take time off for religious practices. However, the exception would be if the employer can show that providing such an accommodation would create undue hardship to the company. For this reason, employers often provide a floating holiday in additional to those regularly scheduled holidays. This provides that employees can choose to take an additional day off for any reason, including a religious observance. Be mindful that most employers require the floating holiday to be taken before year-end.

Vacation Pay

Under the FLSA, employers are not required to pay employees for any time that isn’t spent working; therefore, employers need not offer vacation days. However, this may not be a good idea for employers, as most people wouldn’t want to work for a company that doesn’t provide any paid time off. This information should also be stated in the employment contract and should even be mentioned during the interview process as well as in the employee handbook.

If you need help learning more about holiday pay laws, and your rights and responsibilities as an employer or employee, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

o2employmentservices.com

Part-Time Employee. A part-time employee is an individual who works less than a specified number of hours in a standard workweek. Most employers define a standard week as 40 hours and anything less than that is considered part-time but the Fair Labor Standards Act does not currently differentiate between part-time and full-time employment.

employmentattorneyla.com

The joys of the holiday season are quickly approaching, so it’s important for exempt, salaried employees to understand whether their employers are complying with California federal holiday pay laws. The following article answers common questions regarding federal holiday pay laws specifically for exempt employees in California.

obagilaw.com

Typically, an employer’s holiday-pay policy will address how and when employees can receive holiday pay and whether they can accrue holiday paid time off. Schedule a consultation with our employment lawyers at Obagi Law Group, P.C. Call 424-284-2401 for a case evaluation.

hrcalifornia.calchamber.com

If our employees have accumulated large vacation balances can we offer our employees a one-time chance to cash in vacation at a reduced rate, specifically at one-half of their current salary or wage and still be in compliance with California law? If an employee is terminated before completing a 90-day probationary period, do we have to pay ...

asdgelsi.it

3 hours ago · Just in case you need a simple salary calculator, that works out to be approximately . 33 8-1556 Db Carpenter 05/01/2022 Page 4 Prevailing Wage Rates for 07/01/2021 - …