QUESTION
We are a staff augmentation company. Because of this, we have employees on various different work schedules based on our clients work schedules.
Asked on Nov 15th, 2011 on Labor and Employment - Washington
More details to this question:
For example, we have employees on a 5 day, 8 hour/day schedule, a 4/10''s schedule, and employees on an "8/9''s" schedule. Now it''s important to note that the employees who are working the non-traditional schedules are told they must work these schedules, they are not given the option to work a traditional work week. The organizations these employees work for have adopted these work schedules for their entire staff and so they require that our temp employees work their work schedule. We are in the process of implementing a holiday plan. The issue we are not sure about is what our legal obligation is with regards to the number of hours we need to compensate employees for. What we would like to do is keep employees "whole" so to speak depending on their schedules. So for employees who work a 10 hour day, we would like to give them 10 hours of holiday pay to cover their entire holiday day, and those who work 8 would only get 8, etc. Is this legally okay to do?
1 ANSWER
Alternative Dispute Resolution Attorney serving Charleston, WV
at
Robinson & McElwee PLLC
Update Your Profile
Probably yes. As you know, the law requires that hourly employees be paid time and a half for all hours over 40 in any work week. There is no legal requirement that employees be paid for holidays, since holidays are not defined as "work time." If you decide, as a matter of company policy, that you will offer your employees paid holidays, you should be allowed to determine the basis for the holiday pay in each instance. If the employee would normally work 8 hours on the holiday, the holiday pay could be 8 hours. If the employee would normally have worked 10 hours on the holiday, 10 hours pay could be allowed.
Answered on Nov 17th, 2011 at 10:51 AM