Legal Question in Administrative Law in California

federal and state holidays

Very regularly my boss asks me to come into work on Holidays. She always wants me to work really long hours. I am afraid that if I don't comply she will fire me.

When I brought this up once when I needed a day to do some personal things, she said, ''I will have to charge yo a vacation day because the days you came in you ''gave'' to the center.''


Asked on 4/05/07, 11:31 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: federal and state holidays

Your question should probably be re-asked under the LawGuru heading for employment law or such rather than administrative law, which is an area of the law that deals with the administrative functions of government such as planning and zoning. The attorenys that field those questions would be more knowledgable on this subject.

However, what I recall about this area of the law is that such matters as paid holidays and weekends off are a matter of private contract between the employer and employee. It is not necessary to have a written contract as such; the employer's policy manual or even its past practices or the way it treats other employees can be brought up as evidence of the nature of the contractual relationship. So, to the extent you are given treatment inferior to your express or implied employment agreement, you may have a gripe that could be enforced by a court or the labor commissioner (which I admit would be under the heading of administrative law!).

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Answered on 4/05/07, 12:22 pm


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