Legal Question in Employment Law in California

I am an exempt employee in California. I am required to work on holidays due to deadlines. Is it legal for the company to refuse me comp time, since I am not working on these days by choice? I was told that if I want to take a day off to make up for the worked holidays I must use my PTO time.


Asked on 2/10/10, 10:44 am

1 Answer from Attorneys
C. Coulter Mulvihill Cynthia Coulter Mulvihill, Esq.

As an exempt (salaried) employee in California, your employer can require you to work holidays, weekends, or late to meet deadlines. Here is a link to the Division of Labor Standards Enforcement (DLSE) which explains this.

In fact, in California, the only employers who are legally allowed to offer compensating (that is the actual term, not compensatory) time off are government entities. Compensating time off for governmental employers are is strictly regulated.

So, I am afraid that as a salaried employee, your employer is not required to give you time off to make up for working on holidays. Your employer can require you to use your PTO if you want to take a day off.

I am sorry I don�t have better news for you.

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Answered on 2/22/10, 9:42 pm


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