Is my employer allowed to revoke my holiday pay without telling me?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is my employer allowed to revoke my holiday pay without telling me?

I am a manger of a small drop store for a dry cleaning company. I am only allowed to have 2 other employees to my store besides myself one woman who is much older, refuses to work week days prior to 2 pm or any weekend hours. She has been with the company longer than I. Due to her work demands it is up to me to cover any shifts that she or my weekend girl need off. Long story shirt, my weekend girl accidentally told me the wrong date that she needed off – a date that I happened to be moving which the company knew about because I asked to borrow a delivery van so I didn’t have to pay for a moving truck. I received a phone call from the owner of the company about how my store was not open and that I needed to go there immediately – so I dropped everything and went to open the store. The next day was MLK day – a paid holiday for us – the general manger of the company decided that I

Asked on September 20, 2016 under Employment Labor Law, New Hampshire


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The law does not require holiday pay or a holiday premium, so an employer can revoke it at will. But they have to give you notice *before* they revoke it--i.e. before the holiday. Employers can freely change compensation, pay, etc. (as long as there is no written contract specifying or setting it; if there is a contract, the employer must pay as per the contract), but such changes are only effective from when they are announced forward. Work done up to the moment a change is announced is done under the terms and at the rate which existed prior to the change. So if the employer did not tell you about the change prior to MLK day, you should have gotten your holiday pay; if they did tell you before, you would not be entitled to it.
If not told in advance, so that you should have received your holiday pay, if you did not get it, you could in theory sue for it; however, it is questionable whether even a small claims suit is worth what seems to be, based on on what you written, an additional $6.25/hour for 7 hours, or $43.75.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption