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?
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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 8 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 8 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.
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