Promised Benefits

Despite the year long posting of our holiday payment schedule (we are only paid for Independence day, Thanksgiving, Christmas and New Year's), my boss has decided not to pay for Christmas or New Year's this year since they fall on a Sunday. I work for a 24 hour, seven days a week (only closed two days a year) company that has always paid for these holidays in the past. I understand that employers are not required to pay any holidays, but doesn't this qualify as a promised benefit by an employer, especially since it is in writing and posted year long? Also, are employees required to work federal holidays, paid or unpaid? Thank you for your help.

1 answer  |  asked Dec 21, 2005 02:06 AM [EST]  |  applies to New York

Answers (1)

David M. Lira
Pay for Holidays

Because of New York's employment at will doctrine, an employer would probably be able to promise you something at the beginning of the year and be able to withdraw the promise sometime during the year. Unless you have already earned what the employer had promised, the employer would probably be able to withdraw the policy without liability.

If you work on a holiday, you are entitled to pay for the day. You would not be entitled to extra or premium pay, but you certainly would be entitled to payment for time worked.

posted by David M. Lira  |  Dec 21, 2005 09:39 AM [EST]

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