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. Lastly, Roberts says, employers may include in their holiday policy other considerations, such as whether an employee’s holiday pay may be denied if they don’t work the day before or after a holiday. Employers can set up the schedule at the start of the year and send the schedule to employees to let them know what holidays will be paid. The holiday schedule is also up to the employer. For example, full-time employees might receive holiday pay, but part-time employees don’t. When creating a holiday policy, employers may consider differentiating between the classes of employees who are going to receive holiday pay, Saad suggests. “Whatever you do with the holidays is going to be based upon your policy,” Roberts stresses. Holidays, he explains, are the exclusive province of the employer, and so a business doesn’t have to shut down for a holiday nor are employers required to pay employees for that holiday. When the federal government recognized Juneteenth as a holiday earlier this year, many employers called into the CalChamber Labor Law Helpline asking whether they needed to close the business for the day and if they had to pay their employees for the holiday, Roberts says. Wage and hour issues are hot topics right now, and what employers should keep in mind first is that “California…doesn’t require employers to provide holiday pay, even for holidays that are recognized at the state or federal level,” Saad says. 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.Īround this time of year, many employees are ready for rest and relaxation and will ask for time off, Roberts says in kicking off the podcast.
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