Is it legal if my wife works 4/10 hour days but her employer will only give 8 hours of holiday pay?

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Is it legal if my wife works 4/10 hour days but her employer will only give 8 hours of holiday pay?

My wife works for a Medicare contractor, advising patients of their rights and helping with the patient postponing their discharge from a medical facility. She and her team work a forth hour work week, but by working four ten hour days. Since she and her team work a 19 hour shift, she will lose 2 hours of pay.

Asked on July 2, 2015 under Employment Labor Law, Nevada

Answers:

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

Answered 5 years ago | Contributor

It is legal unless there is company policy, an employment contract or union agreement to the contray. Also, her treatment must not be due to any form of actionable discrimination. The fact is that in an "at will" work relationship, the terms and conditions of employment can be set much as an employer sees fit. Further, holiday pay is not legally mandated; it is a discretionary benefit. Consequently, an employer can mandate when and why it is paid and how much is paid.


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