denied holiday pay(labor day)

[janemarie]

Hi thank you for taking the time to read this.I am trying to find out what the holiday policies are. If it is optional for a company to pay you for the day and so on. ok here is the situation i work 40 hours a week and have full benefits where i work in the company handbook it states that to in order to be paid for the holiday you must work your scheduled shift prior and following the holiday. which i did .the reason i am being denied my pay is because i was a few minutes late to work i made this time up by staying over that same night assuming that i had worked the full 8 hours that i would still be paid. this seems like a injustice to me do they have the right to do this to me or do i have a argument if i do i need to know where i can find documentation with substanance to back it up. time is a virtue in this matter as the holiday has passed and i a get paid today so any info on this matter would be greatly appreciated thank you

 

[presutin]

Contact your HR department do clarify if that is really the case. If your company holiday policies state that you have to work certain shifts to qualify for holiday pay and you did I am not sure why you are incurring such penalty.

 

[janemarie]

thanks for the help

I just recently came across this article and while i still think this is unfair treatment, i found this out The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations or holidays. so i guess i am screwed unless anyone has any suggestions i thought i came across a florida statute that said otherwise i do not think it applies to me let me know if it does
The 2008 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 110
STATE EMPLOYMENT

View Entire Chapter

110.117 paid holidays.--

(1) The following holidays shall be paid holidays observed by all state branches and agencies:

(a) New Year's Day.

(b) Birthday of Martin Luther King, Jr., third Monday in January.

(c) Memorial Day.

(d) Independence Day.

(e) Labor Day.

(f) Veterans' Day, November 11.

(g) Thanksgiving Day.

(h) Friday after Thanksgiving.

(i) Christmas Day.

(j) If any of these holidays falls on Saturday, the preceding Friday shall be observed as a holiday. If any of these holidays falls on Sunday, the following Monday shall be observed as a holiday.

(2) The Governor may declare, when appropriate, a state day of mourning in observance of the death of a person in recognition of service rendered to the state or nation.

(3) Each full-time employee is entitled to one personal holiday each year. Each part-time employee is entitled to a personal holiday each year which shall be calculated proportionately to the personal holiday allowed to a full-time employee. Such personal holiday shall be credited to eligible employees on July 1 of each year to be taken prior to June 30 of the following year. Members of the teaching and research faculty of the State University System and administrative and professional positions exempted under s. 110.205(2)(d) are not eligible for this benefit.

History.--s. 20, ch. 79-190; s. 1, ch. 80-331; s. 1, ch. 88-63; s. 16, ch. 92-279; s. 55, ch. 92-326; s. 8, ch. 94-113; s. 5, ch. 96-399.

 

[irish223]

The statute you posted applies to those employed by the state of Florida.

 

[kittykat02]

The problem here may be that you are assuming you worked 8 hours by staying over. You should never assume anything. Did your supervisor give you permission to make up the time or was this done on your own? If your supervisor did give you the OK to make up the time you should get paid. If not then I'm sorry but you shouldn't get paid because the handbook states to work your scheduled shift. It does not say anything about working 8 hours. I worked for a company before with a union that had the same policy & they wouldn't of paid you neither for that.

 

[janemarie]

thats what i thought on the statute just checking i am 24 my first full time job i have worked there for 3 years.there is alot of bad practices and ethics in this company things that have been done and said personally to me and others i feel it is time for me to get educated on my right as employee otherwise they are going to take advantage of the situtation by me not knowing my rights. to the other response i did not take it upon myself to just work over that would be against company policies and could get wrote up or terminated by doing so any time worked must be approved by a supervisor so yes it was approved to work. I just got my statement and i worked 32 hours and was paid for 32 hours because monday was a holiday which to anyone who is a full time employee if they worked their schelduled shift prior and following the holiday they will get paid 8 hours for the holiday that would give me 40 hours i was a few minutes late which is rare for me to be late or miss time i made it up why are they able to get away with this why because there is no federal law that states you have to pay for holidays it's bs at the moment i am also in contact with the department of labor so i am here there and doing my own research on laws you know this should be criminal and working for this company has really got me thinking about going into law i have had plenty of time to think while working there in 3 years and i know i do not want to be stuck in a place like that for long term

 

[presutin]

Jane - like I said before, go to your HR department and ask them to clarify this for you. You have nothing to lose by asking. Take it from there once they tell you the reasons as of why the discrepancy on your paycheck.

 

[cbg]

I will tell you what the law says.

The law says that unless you have a bona fide, legally binding contract, policy or CBA that specifcally says otherwise, the employer is required to pay you exactly the same as if it were not a holiday. With limited exceptions in Massachusetts, Rhode Island and possibly Connecticut (the state website is contradictory) no law in any state requires an employer pay you a premium for working on a holiday. No law in any state INCLUDING the three named requires that you be paid for a holiday that you did not work. Paid holidays are not required by law; premiums for working a holiday are required only in the limited circumstances mentioned above.

The above assumes that you are not the employee of an arm or agency of a state, Federal or local government; also that you are a non-exempt employee of a private employer.