Gerrymandered schedule denies benefit of company holidays, due to policies.

I realize that companies don't have to give their employees paid vacation days. But if they do give them, shouldn't they have to treat non-exempt employees the same?

I already know that our company does NOT pay overtime as CA law indicates. We are all "on salary."

But what really frustrates me is their holiday policy. I have read all through your site and have not seen a simlar case.

Most employees here work M-F. When asked to work weekends, there are usually special incentives offered, from minor to major (no overtime, though). But most have a M-F schedule. A small group of us, however, are scheduled to cover 24 hour surveilance duties 24/7. Some of us have decidedly odd schedules. Some have schedules which almost NEVER fall on the official company holidays. Other employees get paid days off. If asked to work on a holiday, they are given a "comp day" or substitute holiday day off. But if our schedule is so arranged to simply miss the holiday, we are REQUIRED to put down the day we didn't work as a "paid holiday" and still asked to work a full work week besides. We don't get comp days for the 'missed holiday' nor do we get overtime.

I understand that companies are allowed to require overtime, and don't have to give paid holidays: but surely in this case, they are treating some employees differently, denying them the benefits given to other employees? There is a distinct nonparity for those employees whose normal (or sometimes specially-created 'holiday schedule') simply does not fall on a Monday or Thursday.

Is this covered by any law? Do the employees who are already being asked to work inconvenient schedules (IE weekends) have any right to get the same number of actual days off as other employees with the same job, but a more pleasant schedule?

I feel that anyone who works full hours during a holiday week should get a comp day too, just as do the people who actually worked ON the holiday. Alternately, employees with a non-trad schedule REQUIRED BY THE COMPANY, not the employee, should be allowed an alternate day off, if their schedule doesn't happen to fall on the company's scheduled days off.

Please help!

Please do not sign my real name, it is unusual enough that if other employees happen across this site, I could cause bad feelings for opening up this can of worms. Other employees don't seem to think it's a problem - but then, their schedule isn't the one that is gerrymandered around most holiday benefits.

1 answer  |  asked Aug 5, 2003 3:20 PM [EST]  |  applies to California

Answers (1)

Richard J. Vaznaugh
Overtime unpaid

I am not sure about the issue of holidays and equal treatment however, I suspect that if you are salaried and are paid your full salary that is probably ok. A bigger question for me is whether you and others have been misclassified as exempt from OT -- if so, the 24 hour shifts may be compensable as well as the holidays. Sincerely, Richard Vaznaugh, 415-593-0076

posted by Richard J. Vaznaugh  |  Aug 10, 2003 10:22 PM [EST]

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