Is it legal my employer just notified all hourly employees that the business will be closed on July 5th but it is not a paid holiday?

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Is it legal my employer just notified all hourly employees that the business will be closed on July 5th but it is not a paid holiday?

They told us we can either use vacation/personal time off or take the day unpaid. Is that within their rights?

Asked on June 27, 2019 under Employment Labor Law, Massachusetts

Answers:

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

Answered 4 years ago | Contributor

Unless this action violates the terms of an employment contract or union agreement, it is legal. The fact is that most work relationships are what is known as "at will". This means that a company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination). Further, providing holiday pay is not legally required; it is paid at the discretion of an employer. So if an employer chooses not to provide it, then workers can either lose a day's pay or use any available vacation/PTO to cover it.

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

Answered 4 years ago | Contributor

Unless this action violates the terms of an employment contract or union agreement, it is legal. The fact is that most work relationships are what is known as "at will". This means that a company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination). Further, providing holiday pay is not legally required; it is paid at the discretion of an employer. So if an employer chooses not to provide it, then workers can either lose a day's pay or use any available vacation/PTO to cover it.


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