Company paid benefits vacation

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Company paid benefits vacation

My company states in its policy that they will give me specific holidays off paid. I am a part-time employee with a guaranteed 27.50 hour paid work week anything over that is paid at my hourly wage. So I make 24/hour with a $27.50 guaranteed wage. So in weeks where there is a holiday (i.e. Memorial Day), if during this paid holiday week I work 22 hours in 4 days plus 5.5 holiday pay. I get paid for 27.50 hours. If I work 25 hours plus 5.50 hours for holiday pay which should be a total of 30.50 pay I get paid for 27.50 hours , if I work 29.00 plus 5.50 hours holiday pay which should be 34.5 hours I get paid 29 hours. So technically I am not getting paid for my holiday pay if I work more than 22 hours that holiday week. Is this legal?

Asked on June 8, 2018 under Employment Labor Law, South Dakota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Holiday pay is not guaranteed or regulated by law: giving paid holidays is entirely up to the employer, and if an employer chooses to give them, the employer also gets to set any restrictions, limitations, conditions, it likes on receiving the pay. This can include not paying part-time employees holiday pay if it takes them over the greater of their guaranteed hours or the hours they actually work: that is, they can choose to use the holiday pay to take you up to your minimum if you would not otherwise make your minimum, but not let you make extra money from holiday pay when you are already earning at least your guaranteed minimum for the week. What you describe is legal.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Holiday pay is not guaranteed or regulated by law: giving paid holidays is entirely up to the employer, and if an employer chooses to give them, the employer also gets to set any restrictions, limitations, conditions, it likes on receiving the pay. This can include not paying part-time employees holiday pay if it takes them over the greater of their guaranteed hours or the hours they actually work: that is, they can choose to use the holiday pay to take you up to your minimum if you would not otherwise make your minimum, but not let you make extra money from holiday pay when you are already earning at least your guaranteed minimum for the week. What you describe is legal.


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