Can you be forced to work overtime to get holiday pay?

UPDATED: Oct 1, 2022

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Can you be forced to work overtime to get holiday pay?

My employer pays us for certain non working holidays such as christmas, labor day
and memorial day. Two days ago we were told that they are making saturday a
scheduled work day and that if we didnt work it we would not get our holiday pay
for memorial day because we have to work the last work day before the holiday to
get the pay. even though our regular last work day is friday. also it seems that
only certain departments are being forced to do this

Asked on May 25, 2018 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no legal right to holiday pay: an employer does not have to provide it. It is completely voluntary on the employer's part whether to provide it. Since it is voluntary for them to offer holiday pay, they may put any rules or restrictions they want on receiving it, including that you have to work on Saturday in order to get holiday pay. So what you describe is legal.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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