If I was initially hired as part-time and a month later was working full-time, am I entitled to holiday pay?

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If I was initially hired as part-time and a month later was working full-time, am I entitled to holiday pay?

My employer said no because they did not fill out paperwork that I was full-time and after I fill it out I’m entitiled to holiday pay. I was also not paid about 20 hours and they give me the run around that they have paid me but I have all my check stubs and hours accounted for and I have not been paid.

Asked on August 3, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) There is no right to holiday pay in the law--employers are free to never have paid holidays. If an employer chooses to provide holiday pay, it is up to it to determine how much and how employees qualify. If you employer states you were not eligible for holiday pay, you are most likely not eligible.

2) If you are an hourly employee, you must be paid for all hours worked. If you have not been paid for all hours worked, you could potentially file a complaint with the state department of labor and/or look to bring a lawsuit yourself for the missing money.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) There is no right to holiday pay in the law--employers are free to never have paid holidays. If an employer chooses to provide holiday pay, it is up to it to determine how much and how employees qualify. If you employer states you were not eligible for holiday pay, you are most likely not eligible.

2) If you are an hourly employee, you must be paid for all hours worked. If you have not been paid for all hours worked, you could potentially file a complaint with the state department of labor and/or look to bring a lawsuit yourself for the missing money.


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