Many businesses close to observe federal holidays, but what happens to employees during this time? Are you, as a worker, entitled to holiday pay? According to the U.S. Department of Labor (DOL), the Fair Labor Standards Act (FLSA) does not require payment for time not worked, including time off during the holidays. That being said, some government contracts and employer representatives (usually unions) require holiday and vacation pay for certain workers, and many employers add holiday pay and vacation time to employee contracts to make positions more appealing.
If you were promised benefits, like vacations and holidays, in a contract, and your employer refuses to pay them, you may have a breach of contract claim. That being said, Tennessee is an at-will employment state, which means either party may terminate or change an employment contract at any time – typically without civil consequences. Still, it doesn’t hurt to clarify your rights with our employment law attorneys.
On the other hand, employees who do work during the holidays must still be paid. Some employers even pay extra to incentivize working on holidays. If working a holiday means you are working overtime (or more than 40 hours per week), you are entitled to overtime pay at one and a half times your usual rate. Anytime you are not paid for hours worked, you may have a wage and hour claim.
Get Help From Donati Law, PLLC
At Donati Law, PLLC, we handle all things employment law. While there is no federal law requiring employers to provide holidays or holiday pay, businesses must still pay their employees for all hours and overtime worked, and they may not discriminate against you due to your race, color, national origin, religion, gender (including pregnancy), disability, age, or citizenship status.
If you feel like your rights have been violated, do not hesitate to contact us today. We’ve been improving the lives of families since 1980, and with more than 35 years of hands-on legal experience, our family-oriented law firm can help you, too.
Call us at (901) 209-5500 or fill out our questionnaire for all inquiries related to employment law.
We look forward to speaking with you.