In California, private employers are not required by state or federal law to provide paid holidays, close for holidays, or pay premium rates (like time-and-a-half) for working on holidays. For these employers, holiday hours are generally treated like those for a standard workday.
There are some exceptions to when employers have to pay holiday pay in California. For example, if an employer has a written contract, handbook, or established past practice of promising pay for holidays, it’s typically expected to honor it. Or, if there’s a union agreement in place that requires holiday time off or extra pay, an employer is legally obligated to comply.
At Omega Law Group Accident & Injury Attorneys, we offer legal guidance and support to workers who have missed out on holiday pay in California when they were legally entitled to it.
Those who are dealing with this situation should speak with our employment lawyers in Los Angeles. If warranted, we can help you pursue compensation from your employer.
When Do California Employers Have to Pay Holiday Pay?
In many instances, holiday pay in California is strictly voluntary, and it is only required under certain circumstances. The employment attorneys at Omega Law Group can give you insights into times when employers in California have to pay holiday pay, such as:
- Company policy: If a company explicitly states in a written contract or handbook or has a consistent, established practice of paying employees for holidays, the business may be legally obligated to pay holiday pay.
- Union agreement: A binding collective bargaining agreement (CBA) can require an employer to pay union workers holiday pay.
- Standard overtime rules: If an employee works on a holiday and exceeds eight hours in a day or 40 hours in a week, standard California overtime laws apply. Based on these, the employee can receive OT pay.
- Exempt employees: Salaried exempt workers are required to receive their full weekly salary if they perform any work during a week in which their business is closed for a holiday.
If you believe that you are legally permitted to get paid for holiday pay and have been subjected to employer wage theft in California, we encourage you to reach out to us.
Our employment attorneys can evaluate your case and determine whether you have grounds for a claim against your employer.
When Don’t Employers Have to Pay You Holiday Pay in California?
The employment lawyers at Omega Law Group can teach you about the employment laws that every worker must know, including the penalties for unpaid wages. Along with this, we can share information with you about scenarios when California employers aren’t required to pay holiday pay, including:
- Private–sector work: In alignment with state and federal law, private businesses don’t have to pay their employees extra pay or give them paid days off for holidays.
- Working on a major holiday: If you work on Thanksgiving, Christmas, or another major holiday, your employer is only required to pay your standard hourly or salary pay, with certain exceptions.
- Business closures: If you work as a non-exempt worker and your employer is closed for a holiday, they’re not required to pay you for that closed day.
- Overtime calculations: Extra holiday money or unworked holiday hours don’t automatically count toward your weekly totals for overtime unless your actual physical work exceeds standard OT limits.
Talk with our team if you’re unsure about whether your California employer has to pay you holiday pay. If you have a case against your employer, Omega Law Group can guide you through the process of filing an unpaid wages claim.
(310) 526-8383What to Do if Your Employer Doesn’t Pay Your Holiday Pay in California
Have the employment lawyers at Omega Law Group review your employee handbook and other documentation relating to your job. If we find that your employer violated your legal right to holiday pay, we may advise you to do the following:
- Gather evidence. Collect your time cards, documentation regarding your employer’s holiday pay policy, and other evidence to support your case.
- Contact your employer. Send an email to your human resources department or supervisor to ask for a review of your unpaid holiday pay. Ideally, your employer will assess the issue and pay your unpaid wages.
- Submit a wage claim. If your employer refuses to pay your unpaid holiday pay in writing, file a wage claim with the California Labor Commissioner’s Office.
California employers that don’t pay holiday pay to their workers when they’re legally required to do so can face severe penalties. Our lawyers are unafraid to stand up to your employer on your behalf.
We will allocate time and resources to your case and work hard to prove that your request for compensation for your unpaid holiday wages is valid.
Learn More About Whether California Employers Have to Pay Holiday Pay
Ultimately, there are times when employers in California have to pay holiday pay and instances where they don’t. Whether your California employer has to pay you for holiday work will depend on the specifics of your situation.
At Omega Law Group, we strive to treat every client like family. Our team has decades of combined experience, and we are ready to use what we know to help you hold your employer accountable for wage and hour violations.
If you want us to evaluate your unpaid holiday wage case or are interested in filing a claim against your California employer for holiday pay that you didn’t receive, we want to help you. To get started, request a free case consultation.
