California does not have a specific law mandating holiday pay. This means that employers are not legally required to provide extra pay for employees working on recognized holidays, nor are they obligated to offer paid time off on those days. Instead, holiday pay practices depend on each employer’s discretion.
Employees can usually find information about their holiday pay or time-off policies in their employee handbook or by speaking directly with their employer. Labor contracts or union agreements may also include specific terms on holiday pay, which can override company policies.
Time-and-a-Half: Your Right to Earn Overtime Compensation
If your employer doesn’t offer a special rate for holiday compensation, they’re still required to abide by federal and state overtime pay laws.
In California, you earn your normal rate of pay for the first eight hours you work in a day or the first 40 hours you work in a work week. If your employer requires you to work more than eight hours in a single day or 40 hours in a single work week, you are entitled to compensation at 1.5 times your normal pay rate for each additional hour you work.
This “time-and-a-half” compensation applies whether it’s the holiday season or not, but it only applies to employees who are not exempt from overtime laws. If you work for hourly wages or a salary less than $66,560 (in 2024), there’s a very good chance that you qualify for overtime pay.
Exceptions: Union Contracts & Employment Agreements
In unionized workplaces, holiday work requirements may differ. Union contracts often include specific provisions regarding holidays, such as time off, premium pay, or limitations on holiday work requirements. If you work under a union contract, check the agreement’s terms to see if holiday work provisions apply.
Likewise, some individual employment contracts may specify holiday-related terms. Executives or specialized roles might have customized contracts that outline holiday expectations and compensation. Employees in these situations should review their contracts or consult with human resources for clarification.
Can My Employer Force Me to Work During a Holiday?
California’s Fair Employment and Housing Act (FEHA) requires employers to reasonably accommodate employees’ religious practices, which can include observance of religious holidays. If you need time off for a religious holiday not commonly recognized by your employer, you can request an accommodation. Your employer must make a reasonable effort to accommodate your request unless it causes undue hardship for the business.
This doesn’t necessarily mean you’ll get a paid day off, but your employer may allow you to use vacation time, a floating holiday, or unpaid leave. Communicating these needs in advance can make it easier for your employer to accommodate your request.
Contact Us for Legal Assistance Today
Navigating the complexities of employment law, including holiday pay and work requirements, can be challenging. Whether you’re dealing with issues related to holiday shifts, premium pay, or workplace scheduling disputes, understanding your rights under California law can make a significant difference.
Our team at K2 Employment Law has extensive experience helping California employees with a wide range of employment law matters. From advocating for fair treatment to assisting with negotiations and claims, we’re here to support you every step of the way.
For trusted legal assistance tailored to your needs, contact us today.