Paid holiday - not paid

[sunrize]

What is the name of your state (only U.S. law)? Texas
My husband's company has paid Holidays. He did not get paid for Memorial day and when he asked why they told him because he called in sick 1 day 4 weeks prior to the Holiday. The original company he worked for sold out to a new company a year or so ago and all the employees were told verbally in a meeting that the new owner will be keeping all the same pay and policies as previous company. He asked for proof of policy and they showed him a printed handout that was given to all employees at the time of the switch which states if you miss a day after the last holiday but before the next holiday, you won't be paid for the holiday. Is that legal? Thanks for your time.

 

[Zigner]

What is the name of your state (only U.S. law)? Texas
My husband's company has paid Holidays. He did not get paid for Memorial day and when he asked why they told him because he called in sick 1 day 4 weeks prior to the Holiday. The original company he worked for sold out to a new company a year or so ago and all the employees were told verbally in a meeting that the new owner will be keeping all the same pay and policies as previous company. He asked for proof of policy and they showed him a printed handout that was given to all employees at the time of the switch which states if you miss a day after the last holiday but before the next holiday, you won't be paid for the holiday. Is that legal? Thanks for your time.

Since there is no requirement to pay ANY (unworked) holidays, such a policy is perfectly legal.

 

[cbg]

Agree with Zig but with one qualification. Employees who are both salaried AND exempt must be paid for all holidays UNLESS they do NO work at all in the employer-defined workweek in which the holiday falls.

 

[LdiJ]

Agree with Zig but with one qualification. Employees who are both salaried AND exempt must be paid for all holidays UNLESS they do NO work at all in the employer-defined workweek in which the holiday falls.

Its an interesting policy however. Think about it? ANY day that someone misses is after one holiday and before another. Therefore, unless someone has absolutely perfect attendance they will always lose some holiday pay...and the company will always get to take holiday pay away from anyone who ever misses a day. So, basically they no longer have any paid sick days.

 

[cbg]

...which are also currently not required by law. At least in the OP's state, and with the same qualifier I already provided (which is Federal).

 

[sunrize]

Thanks for replies.
When asked if he is hourly or salary I never even know how to answer that. He is not hourly, but his employer does not call it salary either. They get a set amount for a day's work no matter how many hours it takes to get done, and he works 5 days a week so its like salary but they don't consider it a salary job. He is not 'exempt' so I guess it does not matter in ref to this question. He has called in only 1 time in 3 years so this made him feel unappreciated for his hard work. Oh well, life goes on. Thank for all the replies.

 

[LdiJ]

...which are also currently not required by law. At least in the OP's state, and with the same qualifier I already provided (which is Federal).

I just thought it was clever on their part.

 

[LdiJ]

Thanks for replies.
When asked if he is hourly or salary I never even know how to answer that. He is not hourly, but his employer does not call it salary either. They get a set amount for a day's work no matter how many hours it takes to get done, and he works 5 days a week so its like salary but they don't consider it a salary job. He is not 'exempt' so I guess it does not matter in ref to this question. He has called in only 1 time in 3 years so this made him feel unappreciated for his hard work. Oh well, life goes on. Thank for all the replies.

What industry are we talking about?

 

[sunrize]

He delivers FedEx packages but he is not a FedEx employee. He works for a company that is "contracted" by FedEx.

 

[LdiJ]

He delivers FedEx packages but he is not a FedEx employee. He works for a company that is "contracted" by FedEx.

Paying him a flat daily rate sounds questionable to me. Hopefully cbg will come back and tell us if that is legal or not.

 

[PayrollHRGuy]

Paying him a flat daily rate sounds questionable to me. Hopefully cbg will come back and tell us if that is legal or not.

As long as he makes AT LEAST minimum wage for the first 40 hours he works and 1.5 times his hourly rate (which would have to be calculated) for all hours worked over 40 in a week it really doesn't matter how they pay him.

 

[cbg]

As long as he makes AT LEAST minimum wage for the first 40 hours he works and 1.5 times his hourly rate (which would have to be calculated) for all hours worked over 40 in a week it really doesn't matter how they pay him.

Agreed. A flat daily rate is perfectly legal as long as the total divided by hours worked comes to minimum wage or more plus overtime.

And a Fedex driver is definitely non-exempt so the policy is legal, even if...unique.