Navigating California employment law can be tricky, especially when it comes to things like California holidays pay. Unlike some other states, and even the federal government, California doesn’t typically require employers to pay extra for holidays.
So, what does that mean for your rights as an employee? And what are your employer’s obligations?
This article clarifies when holiday pay is required, when it’s optional, and what you can do if your employment contract is violated.
The basics of California holiday pay law
When it comes to holiday pay in California, here’s what you need to know:
California’s stance on holiday pay
- No mandated holiday pay. In California, employers aren’t required to pay employees for holidays they don’t work unless there’s a contract, agreement, or company policy that says otherwise.
- Employer discretion. Employers can choose to offer holiday pay as a perk to attract and keep good employees. It’s a competitive move in the job market.
Holiday work compensation
- Regular rate of pay. If you work on a holiday in California, you have to be paid at least your normal rate. Unless you have a contract that says differently, there’s no legal requirement for “holiday pay” or “premium pay” for working on a holiday.
- Premium pay as an incentive. Employers can offer premium pay — like time-and-a-half or double-time — for working on holidays to provide extra compensation. However, this is completely up to them unless it’s spelled out in a contract or collective bargaining agreement.
Contracts, collective bargaining agreements, and company policies
While California doesn’t require employers to pay employees for time off during holidays, many companies choose to offer this benefit to attract and retain talent.
The importance of written agreements
If your employment contract or collective bargaining agreement promises holiday pay, your employer is legally bound to provide it. This is a contractual obligation, meaning that it’s legally enforceable.
Similarly, company policies outlined in employee handbooks can create an obligation to pay employees for time off during holidays. It’s a good idea to carefully read your employee handbook and any other policy documents to understand your rights.
Breach of contract
If your employer fails to provide holiday pay as promised in a contract or company policy, you may have legal options. You can file a claim with the California Labor Commissioner’s Office or pursue other legal remedies.
If you think your employer is violating your rights, it’s important to document all communications with them regarding holiday pay. Keep copies of emails, memos, and any other relevant documents. This documentation can be helpful if you decide to pursue a claim.
Overtime vs. Holiday Pay
It’s easy to mix up holiday pay with overtime pay, but they’re not the same thing. California employers must pay non-exempt employees overtime for any hours worked over 8 in a single workday or 40 in a workweek.
However, just working on a holiday doesn’t automatically mean you get overtime. Overtime only applies if you exceed those daily or weekly limits.
For example, let’s say Brian works 10 hours on Christmas Day. He’s entitled to his regular pay for the first eight hours. But because he worked two hours over the daily limit, he’s entitled to 1.5 times his normal rate for those last two hours, in accordance with California’s overtime laws.
What about religious holidays?
California employers must reasonably accommodate their employees’ religious beliefs. This means they may need to allow time off for religious holidays, as long as it doesn’t create significant hardship for the company.
However, California law doesn’t require employers to pay for that time off. They can offer unpaid time off, or allow employees to use their vacation time.
It’s also important to remember Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating against employees because of their religion. This federal law could impact how employers handle religious holidays.
Federal holidays and federal employees in California
Most employers in California recognize and close for some federal holidays, including New Year’s Day, Memorial Day, Labor Day, Thanksgiving Day, and Christmas Day. Some employers may recognize additional holidays.
The rules are a little different for federal employees in California’s Executive branch. Generally, they’re entitled to holiday pay at twice their normal rate. Federal law requires double-time pay for federal employees who work on federal holidays, although there are some exceptions.
So, while federal employees in California generally receive holiday pay, most California workers don’t have that guarantee. The rules are different for federal workers, and that’s something to keep in mind.
Wrapping Up
So, what should you remember about holiday pay in California? In most cases, employers aren’t legally required to pay you for time off on holidays. However, your contract, union agreement, or company policy might say otherwise.
It’s a good idea to know your rights. Take a look at your employment contract, employee handbook, and any other company documents that spell out your benefits and compensation.
If you think your employer isn’t living up to their agreements or is violating your rights, talk to a labor attorney or file a claim with the California Labor Commissioner’s Office.