Is it legal for a company to make an employee work a federal holiday then cut the hours the rest of the week to make up for the holiday pay?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal for a company to make an employee work a federal holiday then cut the hours the rest of the week to make up for the holiday pay?

Asked on September 4, 2015 under Employment Labor Law, Illinois

Answers:

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

Answered 6 years ago | Contributor

The fact is that an employer can set the terms and conditions of employment much as it sees fit. This includes whether or not to even honor time off for or give additional pay for federal holidays. So unless your treatment violates company policy, a union agreement or an employment contract it is perfectly legal. Additionally, it cannot constitute some form of employment retaliation or discrimination.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, it is perfectly legal unless there is a written employment contract, including a union or collective bargaining contract, to the contrary
1 Private employers are not bound by federal holidays or required to honor them.
2 Employers have, in the absence of a contract governing hours, etc. worked, complete discretion to change employee hours, such as by having an employee work on a weekend or holiday, then cutting hours elsewhere to keep the total hours worked that week to whatever number the employer wants.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption