Can my company just change it’s policy so that all $18.75 or less hour employees will no longer receive holiday pay?

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Can my company just change it’s policy so that all $18.75 or less hour employees will no longer receive holiday pay?

I am paid from a grant. My job is state/federally funded. I believe it’s a non-profit company. I have been paid for holidays for the past 1 1/2 years that I’ve been with them. It is a school year position. Can they do that mid-year without notice?

Asked on January 17, 2012 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, unfortunately your employer can do this. Regardless of the source of your employer's funding, it appears, from what you write, that the employer itself is a private entity (even if a non-profit). Private companies have discretion whether to allow employees to take holidays off (that is, they could make you work on holidays) and, if they do provide holiday time off, whether that is paid time or unpaid time off. Unless you had a contract guarantying you holiday pay, your company may choose to stop providing it, regardless of past practice, and may do so mid-year, without notice.


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