Legal Question in Employment Law in Pennsylvania

If a company has outlined in their policy book regarding paid holidays and they specify which holidays you will get paid for, can they say they will not pay you when that holiday falls on a Sunday when you are not normally open?

Asked on 11/28/11, 9:37 am

1 Answer from Attorneys

Sharmil McKee McKee Law Office

Probably yes. I assume that the other holidays fall on days when the business is normally open. The law does not dictate whether employees receive a bonus for holidays or not (unless the worked hours fall into overtime.) Therefore, the law only enforces the promises that an employer makes to an employee. So, if your employer chooses to pay you a bonus for holidays that fall only on days that the business is normally open, the law probably will allow them to do so. I want to be clear, however, you are entitled to at-least minimum wage for every hour that you actually work, regardless if that day is a holiday or a Sunday.

If you are a company, and if you are changing your holiday pay schedule, then I would advise that you should post the new schedule with as much advance notice of the change as possible. I would also recommend that if you produce an employee handbook, and your holiday pay schedule is published in this book, that you produce a revised employee handbook as soon as possible. \

Good luck.

Sharmil McKee

Business Attorney

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Answered on 12/05/11, 1:40 pm

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