Should I be paid for company/state holidays even though I’m a temporary employee?

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Should I be paid for company/state holidays even though I’m a temporary employee?

I accepted a job a few months ago and when there is a holiday (e.g. Thanksgiving) the office I temp for is closed. I am being told that I won’t be paid for these holidays as they are not hours worked but I have no opportunity to work. The company I temp through is also closed these holidays. Do they legally have to pay me?

Asked on November 15, 2017 under Employment Labor Law, Massachusetts

Answers:

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

Answered 3 years ago | Contributor

No, they do not have to legally pay you. The fact is that absent an employment contract or union agreement to the contrary, your company can set the conditions of your employment much as it sees fit, wehter or not you are full or part-time. Acccordingly, you have no right to payment for holidays if that is your employer's policy. The only exception to this would be if you are not being so paid due to some form of legally actionable discrimination, which does not seem to be indicted here.

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

Answered 3 years ago | Contributor

No, they do not have to legally pay you. The fact is that absent an employment contract or union agreement to the contrary, your company can set the conditions of your employment much as it sees fit, wehter or not you are full or part-time. Acccordingly, you have no right to payment for holidays if that is your employer's policy. The only exception to this would be if you are not being so paid due to some form of legally actionable discrimination, which does not seem to be indicted here.


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