Legal Question in Employment Law in California
Must be paid for mandatory holiday closing?
I am considering taking a job as a full-time hourly wage employee in small firm (less than ten employees). Company closes for 10-14 days over Christmas. Can they do that without paying employees?
2 Answers from Attorneys
Re: Must be paid for mandatory holiday closing?
Of course. Their pay and other policies determine your hours. They only have to pay you for the hours you work at their request.
Re: Must be paid for mandatory holiday closing?
Hourly, nonexempt employees are entitled to be paid for the time they work for an employer, and must be paid overtime. An employer is free to set the number of hours per week an employee is to work, even if that is substantially less than 40. If an employee doesn't work (regardless of reason), there is no requirement that the employee be paid unless sick, vacation, holiday or other benefits time can be used. However, there is no requirement that an employer provide sick time, vacation time, or any other paid time off. Accordingly, if the employer chooses to shut down for a substantial period of time of the holidays, it is not required to pay its hourly nonexempt employees.