If I work for a company on set days and times, are they allowed to tell me I cannot work if it is a holiday and not compensate me?

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If I work for a company on set days and times, are they allowed to tell me I cannot work if it is a holiday and not compensate me?

I have a set schedule working with a disabled
gentleman on particular days in particular
times. My agency now says that no staff in my
department can work if it is a holiday. However
they are not providing paid holiday time. Is this
allowed in New York?

Asked on May 17, 2019 under Employment Labor Law, New York

Answers:

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

Answered 2 years ago | Contributor

Do you have an employment contract or union agreement that provides for paid holiday time? If not, then you are what is known as an "at will" worker. This means that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). Accordingly, whether or not to pay for holiday time is up to your company's discretion. So if it chooses not to provide it, you are not entitled to any.

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

Answered 2 years ago | Contributor

Do you have an employment contract or union agreement that provides for paid holiday time? If not, then you are what is known as an "at will" worker. This means that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). Accordingly, whether or not to pay for holiday time is up to your company's discretion. So if it chooses not to provide it, you are not entitled to any.


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