Temp_Legal_Secy

Holiday pay or lack of it...

4 posts in this topic

Yesterday, Martin Luther King Day (1/21/2013), the office was closed and I was not told. (If you can see from the screen name, I am a temporary employee.) When the agency was told what happened they said they would be kind enough to give 3 hrs. pay as transportation compensation even though I asked for a full days pay since it basically wasted a full day for me. (Long weekend right? Perhaps a trip could have been planned or an extra day to get needed chores done.)

So, my question is: Can I claim a full days pay? Moreover, since it was a holiday using the reasoning that the office was officially closed rather than the namesake day, am I now allowed over-time pay?

Any advice will be much appreicated!

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I don't know what you mean by "claim." Claim with whom?

That said it appears to me that the agency is being generous. New Jersey's "reporting time" statute:

12:56-5.5 Reporting for work

(a) An employee who by request of the employer reports for duty on any day shall be paid for at least one hour at the applicable wage rate, except as provided in ( b ) below.

( b ) The provisions of (a) above shall not apply to an employer when he or she has made available to the employee the minimum number of hours of work agreed upon by the employer and the employed prior to the commencement of work on the day involved.

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You may want to contact your local state labor department for clarification on this matter.

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Yesterday, Martin Luther King Day (1/21/2013), the office was closed and I was not told. (If you can see from the screen name, I am a temporary employee.) When the agency was told what happened they said they would be kind enough to give 3 hrs. pay as transportation compensation even though I asked for a full days pay since it basically wasted a full day for me. (Long weekend right? Perhaps a trip could have been planned or an extra day to get needed chores done.)

So, my question is: Can I claim a full days pay? Moreover, since it was a holiday using the reasoning that the office was officially closed rather than the namesake day, am I now allowed over-time pay?

Any advice will be much appreicated!

I’m not sure where harrylime got the idea that you worked in NJ, since I saw nothing in your post that indicates where the job was. The answer to this will depend on the laws of that state. That said, no state requires that non-exempt employees of a private employer be paid for a holiday if the employee does not work that day. Rather, they only require that the employees get paid for actual time worked. If you are in NJ then the regulation that harrylime quoted would apply if the employer had requested that you show up for work that day. It's unclear whether that was the case or whether you just assumed you’d work that day. An employee should ensure he or she understands how the employer handles legal holidays to avoid this kind of problem.

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