If I’m a part-time hourly employee and work on a federal holiday, am I entitled to premium pay?
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If I’m a part-time hourly employee and work on a federal holiday, am I entitled to premium pay?
Asked on January 15, 2016 under Employment Labor Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Holiday pay is a discretionary benefit. This means that a company is not legally required to pay it unless there exists company policy to the contrary or failure to pay it violates the terms of a union agreement or employment contract. Also, your not being paid for such time must not be the result of some form of actionable discrimination. In an "at will" employment relationship, an employer can set the terms and conditions of the workplace much as it sees fit. This includes whether or not to pay an employee holiday pay.
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