Ho, ho, holiday vacation and pay considerations
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The holiday season is almost upon us, along with an increase in employee requests for time off. To ensure a smooth start to the new year, now is the time for employers and their attorneys to brush up on their knowledge of holiday pay and vacation benefit requirements.
State, federal pay requirements
Private employers might be surprised to learn that state and federal laws generally do not require paid or unpaid holiday leave for nonexempt employees. Nor are private employers generally required to compensate those employees who work on holidays at a premium rate. Some exceptions might apply for contractors and subcontractors working on federally funded projects.
However, when reviewing holiday policies, employers should remember that they must honor any established policy or agreement relating to the payment of benefits. For example, if an employer has a policy of paid leave for certain holidays, then the policy governs, and the employer must provide paid leave for those holidays.
Unionized workplace considerations
Although private employers are not required to provide holiday pay and vacation benefits in ordinary circumstances, they may be obligated to consider these benefits under the National Labor Relations Act.
Employers with unionized workplaces are subject to mandatory subjects of collective bargaining, including those that directly affect wages, hours, and other terms and...
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