If I’m a non-exempt employee and got suspended the day after a holiday, can my employer not pay me for the holiday?
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If I’m a non-exempt employee and got suspended the day after a holiday, can my employer not pay me for the holiday?
Asked on January 4, 2016 under Employment Labor Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The fact is that holiday pay is a discretionary benefit. In other words, an employer is not legally required to pay it. This is true unless there exists company policy to the contrary or failure to pay it violates the terms of an appplicable employment contract or union agreement. Also, not paying you must not have resulted from some form of actionable discrimination. Absent that, your employer's action was perfectly permissable under the law. In an "at will" employment relationship, a company can set the terms and conditions of the workplace much as it sees fit. This includes whether or not to pay an employee holiday pay.
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