Gift card as payment, paid tax on gift card, but have yet to recieve gift card.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Gift card as payment, paid tax on gift card, but have yet to recieve gift card.
The company I work for, rather then pay holiday pay like 2.5 wage, they pay gift cards for working holidays. They are notorious for taking months to actually distribute the gift cards, even though I have already paid tax from my regular paycheck for the gift cards. Rumor going around is that this is illegal and that since the gift card is considered pay and not fringe benefit that its supposed to be received within the pay period that its being taxed. Is my company doing something illegal?
Thanks -Chase
Asked on January 10, 2018 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
There is no law requiring holiday pay: paid holidays or bonus/extra pay on holidays are simply not required by law. If you work on a holiday, you must be paid your normal wage for working that day, but the company does not need to give you anything more or additional. If they do choose to give you something additional, it's actually more of a discretionary or holiday bonus than it is "pay" per se: it is voluntary for the employer; can take any form they like (including gift cards); and, just like with any bonus not guaranteed by contract, can be paid whenever they want to pay it, if they want to pay it. So as long as you are getting your base wage for working on a holiday, that's all you are legally entitled to (and that wage, must be paid with the next payroll); anything over and above it, you are lucky if the employer chooses to give you more and have to accept it when and in the form they choose to provide it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.