4/40 Work Week and holiday pay

[aruben]

If I work a 4/40 work week (1o hour days) is there something in the California Labor Code that indicates whether I should be paid 8 hours or 10 hours for a paid holiday? Some employees in my classification are being paid 10 hours, others of us are being paid for 8, therefore we are being "shorted" 2 hours for every paid holiday. Which is correct?

(Follow-up: I received a call from the VP of Personnel regarding this issue. He stated that teh company averages the number of hours worked for the preceeding 12 weeks before the holiday and pays the number of hours based on that figure. He admitted that here is a lot of confusion.)

 

[Michael Wechsler]

If you are working 40 hour weeks, I fail to see why you aren't being paid for 40 hours. Are you an employee or independent contractor?

Here is a link to an article on the Fair Labor Standards Act.

http://www.bc.edu/bc_org/avp/wfnetwork/rft/wfpedia/wfpFLSAent.html

From my understanding, the bottom line is you should all have been paid 40 hours worth of work and that work in excess of 40 hours you should be paid overtime. Those being paid 8 hours are absolutely being shorted. It's outrageous.

 

[aruben]

As you may know, since the implementationof a recent statute in California, all Pharmacists (most of whom were considered professional-exempt) are now subject to being paid hourly and are eligible for overtime pay. In the company I work for,we are considered hourly and we do receive overtime pay. Personally, I believe that the VP was lying to me regarding the method in which he states the computerized payroll system calculates holiday pay. I was recently speaking with another colleague and she stated that she had been working 50 hours a week for at least 10 out of the 12 weeks and still onyl received 8-hours of pay instead of the 10 for the holiday.

 

[Michael Wechsler]

It still doesn't make sense that you would be paid only 8 hours for working 10, does it?