Is it legal for an employer to pay you holiday pay for over a year then all of a sudden say we aren’t going to pay you for holidays anymore?

UPDATED: Oct 1, 2022

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Is it legal for an employer to pay you holiday pay for over a year then all of a sudden say we aren’t going to pay you for holidays anymore?

I’ve worked there for 6 years i was working 8 hour shift they had me change to 4 10 hour shifts to help the company they have paid me holiday pay the whole time until recently. Now they say that i owe back 20 hours and that I don’t get paid holidays but the 8 hour workers still do.

Asked on January 27, 2018 under Employment Labor Law, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is legal from the moment they make the announcement or tell you about the change forward: unless you have a still-in-effect employment (or union) contract guarantying you holiday pay, an employer can take away holiday pay at any time they want. The law does not require holiday pay or paid holidays. The fact that they previously paid holidays does not require them to keep doing so.
However, it's only legal from when told to you or announced forward; prior to the employer telling you that they no longer pay holidays, they have to pay them if that's what they had been doing: that is, the policy (holiday pay) stays in effect until changed.

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 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.

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