Equal holiday compensation

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Equal holiday compensation

I work at a 24 hour factory and we are offered 8 hours of holiday pay for certain

holidays, mostly federal ones. Shifts are split up from Sunday to alternating

Wednesdays, day and night shifts, and alternating Wednesdays to Saturday day

and night shifts. Every year at Thanksgiving we get Thursday and Friday off, 8 hours for each day. Unfortunately, that means the first half of the week gets a full paycheck plus a bonus for Thanksgiving and the day after, while the second half of the week loses a total of 8 hours off of their paychecks due to scheduling. Is it legal for half of the employees to benefit and the other half loses money?

Asked on November 6, 2016 under Employment Labor Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Not all employees need be treated the same or even fairly, unless some form of legally actionable discrimination is the reason for their differing treatment. That is, are some workers not receiving extra pay due to their race, religion, nationality, disability, age (over 40), or the like? If not, then while seemingly unfair, your employer's action is legal. The fact is that as an "at will" employer, your company can set the conditions of the workplace much as it sees fit, absent violating the terms of any existing employment contract or union agreement.


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