Is it legal for an employer to pay some staff for working holiday but not all staff?
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Is it legal for an employer to pay some staff for working holiday but not all staff?
I work at a hotel in Iowa 11 pm to 7 am shift. Should I get paid holiday pay for working over night. Other staff gets paid holiday pay working other 2 shifts.
Asked on September 20, 2016 under Employment Labor Law, Iowa
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Holiday pay is not a legally mandated benefit. Accordingly, it is up to a company's discretion to provide it or to provide to some but not all employees. The fact is that unless some form of legally actionable discrimination is the reason for the differing treatment (i.e. different treatment based on a worker's race, religion, age (over 40), disability or the like), not all employees need be treated the same or even fairly. Also, such action must not violate the terms of an employment contract or union agreement. Botto line, in an "at will" work setting, a business can set the conditions of the workplace much as it sees fit.
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