2016년 12월 20일 화요일

연말연시 휴일 근무시 임금 지불

Understanding Time Off for Holidays and Holiday Pay Under California Law

1.) In California, your employer is not required to provide you with paid holidays.

It’s true. Under California law, employers don’t need to pay their employees on federal holidays when the business is closed. For example, if you’ve worked every Friday for five years, but a federal holiday lands on a Friday this year and your employer decides to close its doors for the day, you won’t get paid unless your employer has a policy that allows employees to be paid for holidays. If you’re an employee whose finances are tight, you may want to check with your employer to see if you can come to an alternative agreement such as working on a day that you normally have off.

2.) If you want Thanksgiving off work, your California employer doesn’t have to provide that to you.

This includes any other federal holiday defined in Government Code Section 19853 such as Christmas Day, New Year’s Day, and Independence Day. Employers, of course, may have to provide religious holidays off to accommodate religious observance and beliefs. So, if you’re planning a big family trip to the beach over the Fourth of July, you may want to speak to your employer about their policies before committing to lodging, flights, and more.

3.) Your employer doesn’t have to pay you extra for working on a federal holiday in California.

Under California law, your employer does not have to pay you a special premium for work you perform on holidays – or even Saturdays and Sundays. Of course, your employer is required to pay you overtime if you work in excess of eight hours in a workday or 40 hours in a workweek. If your employer has their own policy for paying workers more for working on a holiday, then you’re in luck. But, in the majority of cases, employers are only required to pay employees at their regular rate of pay under California law.

4.) Your California employer is required to provide reasonable accommodations on holidays due to religious reasons.

You may not be able to work on certain federal holidays due to your religion. If this is the case, your employer must provide reasonable accommodations to you for religious observances. Accommodations like these are analyzed on a case by case basis due to the type of business in which you work as well as the accommodation itself.

5.) If pay day falls on a federal holiday, your employer is allowed to pay you the next business day.

Say pay day lands on Thursdays. Because Thanksgiving lands on the fourth Thursday of November every year, you may want to double check if you’ll be paid on Friday instead – especially if you plan to hit some of those late-night holiday sales before Black Friday rolls around. So, if you have direct deposit, don’t be surprised if your paycheck doesn’t clear until the day after Thanksgiving, or even the Monday following, depending on where you work.

List of Federal Holidays, 2016

  • Friday, January 1 – New Year’s Day
  • Monday, January 18 – Birthday of Martin Luther King, Jr.
  • Monday, February 15* -Washington’s Birthday
  • Monday, May 30 – Memorial Day
  • Monday, July 4 ** – Independence Day
  • Monday, September 5 – Labor Day
  • Monday, October 10 – Columbus Day
  • Friday, November 11 – Veterans Day
  • Thursday, November 24 – Thanksgiving Day
  • Monday, December 26 – Christmas Day

List of Federal Holidays, 2017

  • Monday, January 2* – New Year’s Day
  • Monday, January 16 – Birthday of Martin Luther King, Jr.
  • Monday, February 20* -Washington’s Birthday
  • Monday, May 29 – Memorial Day
  • Tuesday, July 4 ** – Independence Day
  • Monday, September 4 – Labor Day
  • Monday, October 9 – Columbus Day
  • Friday, November 10* – Veterans Day
  • Thursday, November 23 – Thanksgiving Day
  • Monday, December 25 – Christmas Day
출처: http://employmentattorneyla.com/california-employment-laws-federal-holidays-federal-holiday-pay-laws/

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