A Chamber Benefit To Help You Deal with California Labor Laws::
File Format: Microsoft Word - View as HTMLThis comprehensive, California-specific Digest puts answers to labor law questions _____2009 California and Federal. Employment Poster @ $25.00 $_____
http://www.eastcountychamber.org/images/Chamber Order FormLabor Law Resale 2009.docHOME |
I work a non-standard workweek as an at-will employee of a law firm.
My workweek is Sunday through Wednesday and Saturday, with Thursdays
and Fridays off. I am considered a full-time employee of the firm
(according to the definitions of full-time employee). As this Sunday
is July 4, I am scheduled to work my regular hours. However, I am
informed by my administrator that I will not be paid holiday pay, as
the firm is
observing this legal holiday by closing its office on July 5 and I am
getting the day (July 5) off with pay along with the other employees. I'm
wondering if this is correct, as it is my understanding that the LEGAL
holiday is July 4, regardless of what day of the week it falls on and
whether businesses both private and public, including government,
observe the following day as well. I have looked through the
California Labor Code but am unable to find an answer to my question.
I contend that I either work Sunday, July 4 at a holiday rate of pay,
or I am entitled to the day off with pay. This is especially relevant
as Christmas falls on the weekend this year, too! Your assistance
would be greatly appreciated.
This isn't what I wanted to hear, but I appreciate the lengths you've
gone to find out for me! Thanks!
Dear suse-ga;
Thank you for allowing me an opportunity to answer your interesting
question. Unfortunately, unless you have a contract or a collective
bargaining agreement it looks like your employer is exercising his
legal right:
According to California Governor Arnold Schwarzenegger?s Office and
the California Division of Labor Standards Enforcement there is no
California law that requires employers to provide employees with paid
holidays - or anything else special when it comes to holidays for that
matter.
http://www.dir.ca.gov/dlse/Benefits.pdf
?Hours worked on holidays, Saturdays, and Sundays are treated like
hours worked on any other day of the week. California law does not
require that an employer provide its employees with paid holidays,
that it close its business on any holiday, or that employees be given
the day off for any particular holiday. If an employer closes its
business on holidays and gives its employees time off from work with
pay, such a circumstance exists pursuant to a policy or practice
adopted by the employer, pursuant to the terms of a collective
bargaining agreement, or pursuant to the terms of an employment
agreement between the employer and employee, as there is nothing in
the law that requires such a practice. Additionally, there is nothing
in the law that mandates an employer pay an employee a special premium
for work performed on a holiday, Saturday, or Sunday, other than the
overtime premium required for work performed in excess of eight hours
in a workday or 40 hours in a workweek.?
DIVISION OF LABOR STANDARDS ENFORCEMENT
http://www.dir.ca.gov/dlse/FAQ_Holidays.htm
I wish I had better news for you ? sorry.
Below you will find that I have carefully defined my search strategy
for you in the event that you need to search for more information. By
following the same type of searches that I did you may be able to
enhance the research I have provided even further. I hope you find
that my research exceeds your expectations. If you have any questions
about my research please post a clarification request prior to rating
the answer. Otherwise, I welcome your rating and your final comments
and I look forward to working with you again in the near future. Thank
you for bringing your question to us.
Best regards;
Tutuzdad ? Google Answers Researcher
INFORMATION SOURCES
Defined above
SEARCH STRATEGY
SEARCH ENGINES USED:
Google ://www.google.com
SEARCH TERMS USED:
CALIFORNIA LABOR LAW
PAID HOLIDAYS
HOLIDAY PAY
LABOR STANDARDS ENFORCEMENT LII: Law aboutCollective Bargaining and Labor Arbitration::
LII: An overview of collective bargaining and labor arbitration law with links to key primary Collective bargaining is governed by federal and state statutory laws, legally enforceable - California Labor Code Sections 1126-1128
http://www.thecre.com/fedlaw/legal89/collective_bargaining.htmHOME |
The California Civil Justice Blog: Employment Law Archives::
Also, labor law class action lawsuits are taking a toll on California . Win for Airline Industry in Federal Ruling on California's Wage and Hour Laws
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California Labor Law Poster - State Federal OSHA - English & Spanish::
California Labor Law Poster - State Federal OSHA - English & Spanish. Labor Law Posters provide simple solutions for the complicated issue of mandatory
http://safety.1800inet.com/product.php/name/california_labor_law_poster_state_federal/products_id/5448HOME |
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