2016년 7월 10일 일요일

독립기념일이나 메모리얼 데이같은 휴일에 근무했다고 해서 종업원에게 임금을 평소보다 많이 줄 필요 없습니다.

다음은 가주 노동청 지침입니다.

http://www.dir.ca.gov/dlse/faq_holidays.htm

Hours worked on holidays, Saturdays, and Sundays are treated like hours worked on any other day of the week. California law does not require that an employer provide its employees with paid holidays, that it close its business on any holiday, or that employees be given the day off for any particular holiday. If an employer closes its business on holidays and gives its employees time off from work with pay, such a circumstance exists pursuant to a policy or practice adopted by the employer, pursuant to the terms of a collective bargaining agreement, or pursuant to the terms of an employment agreement between the employer and employee, as there is nothing in the law that requires such a practice. Additionally, there is nothing in the law that mandates an employer pay an employee a special premium for work performed on a holiday, Saturday, or Sunday, other than the overtime premium required for work performed in excess of eight hours in a workday or 40 hours in a workweek.

1.Q.Last week I worked eight hours on the 4th of July holiday, which fell on Wednesday.  For the whole week I worked 40 hours.  When I got my paycheck this week I was paid for 40 hours at my straight time rate.  Aren’t I entitled to extra pay, of at least double time, for working on a holiday?
A.There is nothing in state law that mandates an employer pay an employee a special premium for work performed on holidays, Saturdays, or Sundays, other than the overtime premium required for work in excess of eight hours in a workday or 40 hours in a workweek. Unless your employer has a policy or practice of paying a premium rate for working on a holiday, or you are subject to a collective bargaining or employment agreement that contains such a term, your employer is only required to pay you your regular rate of pay for all the straight time hours worked on the holiday, and the overtime premium required for work in excess of eight hours in a workday or 40 hours in a workweek. Since you did not work over eight hours on the holiday, or more than 40 hours during the workweek, you were paid correctly.


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