My current job told me I am not allowed to get paid holiday pay if I have made over time. Is that legal not to pay holiday?

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My current job told me I am not allowed to get paid holiday pay if I have made over time. Is that legal not to pay holiday?

I worked in the fourth if July and
Thanksgiving and dud not receive
any holiday pay because I was in
overtime

Asked on January 23, 2018 under Employment Labor Law, Illinois

Answers:

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

Answered 3 years ago | Contributor

Unless you have an employment contract or union agreement that guarantees you the right to holiday pay, you are not entitled to it. In other words, such pay is not lagally mandated. Accordingly, your employer has the discretion as to whehter or not to pay it. Bottom line, since most employment is "at will", a company can set the conditions of employment much as it sees fit (ansent some form of actionable discrimination).

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

Answered 3 years ago | Contributor

Unless you have an employment contract or union agreement that guarantees you the right to holiday pay, you are not entitled to it. In other words, such pay is not lagally mandated. Accordingly, your employer has the discretion as to whehter or not to pay it. Bottom line, since most employment is "at will", a company can set the conditions of employment much as it sees fit (ansent some form of actionable discrimination).


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