Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203
In California, the concept of “holiday pay” refers to extra compensation that some employees receive for working on recognized holidays. Unlike some states, however, California law does not mandate holiday pay. This means that employers are not legally required to pay employees extra or offer paid holiday time off, unless it is a part of an agreed-upon company policy, collective bargaining agreement, or union contract. Here are some nuances to know about regarding holiday pay in California:
1. Holiday Pay Is Not Mandatory
Under California law, holiday pay for hours worked is generally a matter of company policy rather than a legal requirement. California employers have the discretion to decide if they will provide extra pay or time off for holidays. However, many employers do provide additional holiday season pay or a holiday premium—usually time and a half—for employees who work on a particular holiday. Some also offer paid time off (PTO) for holidays, but it’s typically specified in the employment contract or employee handbook rather than mandated by law.
2. Union Agreements and Contracts
Union contracts or collective bargaining agreements may include specific provisions about paid holidays or holiday pay. If an employee is a union member, their employer may be obligated to follow the terms of the contract, which often includes additional compensation (holiday premium pay) on holidays. These agreements can vary widely, so employees should review their specific contract or employment agreement to understand their holiday overtime pay entitlements.
3. Overtime Pay on Holidays
Though holiday pay itself is not required, California’s standard overtime laws do apply if an employee works more than eight hours in a workday or 40 hours in a week, including during holiday periods. So, if an employee’s holiday schedule pushes them beyond standard working hours, they may be entitled to overtime, even if the holiday itself doesn’t provide any additional pay rate.
4. Public vs. Private Sector
In the public sector, employees may receive additional holiday pay rules as part of government employment policies. However, in the private sector, holiday benefits vary by company. Many private employers offer holiday pay to remain competitive and provide holiday pay as an incentive for employees, especially for jobs that require holiday availability.
5. Vacation Pay and Holiday Pay
California law does treat vacation pay differently than holiday pay. Earned vacation time is considered a form of wages, and employers are obligated to pay out any accrued vacation when an employee leaves the company. However, holiday pay is not treated the same way, as it is not considered a legal entitlement.
How Does Holiday Pay Work?
In the United States, holiday pay—additional pay or time off for working on recognized holidays (Memorial Day, Labor Day, Independence Day, etc.)—varies by employer policy, state laws, and type of employment. California is one of many states that doesn’t require holiday pay by law, but employers often provide it as an additional benefit. Here’s a breakdown of how holiday pay works with answers to some frequently asked questions:
Do Employers Have to Give Juneteenth Off?
No, employers are not legally required to give Juneteenth, or any holiday, off. While Juneteenth became a federal holiday in 2021, private employers retain discretion on whether to provide time off. Some companies offer Juneteenth as a paid holiday to promote inclusivity and recognition, but it remains optional for most businesses in California unless stipulated by company policy or union agreements.
Is Holiday Pay Considered a Bonus?
No, holiday pay is not considered a bonus. Holiday pay is typically a premium pay for time worked on a holiday, whereas a bonus is additional compensation for exceptional performance, meeting company goals, or celebrating milestones. Unlike bonuses, holiday pay is often time-and-a-half or double-time pay, but it is specifically tied to holiday work schedules rather than overall performance.
Is Holiday Pay Double Time in California?
Holiday pay is not automatically “double time” in California. Whether an employee receives double time or time and a half depends on their employer’s policy. California labor laws require overtime pay only if employees work over eight hours in a day or 40 hours in a workweek. Although some companies choose to offer double time for holidays, it is not a legal requirement. Employers generally define holiday premiums, so it’s essential to check the company’s employee handbook or policy.
Is It Illegal to Work on a Federal Holiday?
No, it is not illegal to work on a federal holiday and there is no law requiring employers to give workers time off. Federal holidays mean that federal employees receive time off, but this does not affect private-sector employees or mandate closures. Many essential services, retail businesses, and hospitals operate on federal holidays, and working on these days is common, especially for certain industries. Employees working on federal holidays may or may not receive holiday pay, depending on their employer’s policy.
Do Seasonal Employees Get Holiday Pay?
Seasonal employees do not automatically qualify for holiday pay unless outlined by company policy or collective bargaining agreements. Many employers reserve holiday benefits for full-time or part-time permanent employees. However, some employers provide holiday pay for seasonal employees as a means to incentivize work during high-demand holiday periods. Seasonal employees should refer to their employer’s specific policy for details on holiday pay eligibility.
What Holidays Do You Get Paid Time and a Half in California?
In California, there are no specific holidays that legally require employers to provide time and a half. Holiday pay requirements depend on the employer’s policy or union agreements rather than state law. For example, some companies may offer time and a half on major holidays like Thanksgiving, Christmas, or New Year’s Day, but there’s no legal requirement in California to provide this. California labor laws do mandate overtime (time and a half or double time) based on daily hours worked and weekly thresholds, not based on holiday schedules.
Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203
