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Holiday Pay = not paid? (ALL FIXED)

TheRoadVirusTheRoadVirus Registered User regular
edited September 2009 in Help / Advice Forum
Ok so I started a new job in.... June? July? something like that. Anyway, I'm a salaried employee, etc. etc.

Now, upon the agreement when I signed up, I'd be making 24k a year (not much, i know.)
Well, I started work on a Tuesday. First paycheck rolls around, and they docked my check a day for not having worked that day. I figured whatever, and rolled with it.

Now, the business was CLOSED on labor day. Completely closed, company wide. It's on our yearly work holiday list, with the words "holiday" next to it. The way I was told, holidays we all get paid for. Some, like Christmas, have a PTO holiday right after, which means that the store will still be closed, but in order to get paid for that off day, you have to use PTO time. Labor day is just listed as a regular holiday. Which means I shouldn't have to use PTO time in order to get paid. I check my paycheck today, and it shows me as being a day short. I ask the HR lady, and she says she had to short me a day because I'm not eligible for holiday pay yet.

Is this legal? I'm completely confused. I thought salary meant I was paid x amount per check no matter what. Apparently I'm misinformed?

TheRoadVirus on
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Posts

  • see317see317 Registered User regular
    edited September 2009
    Ok so I started a new job in.... June? July? something like that. Anyway, I'm a salaried employee, etc. etc.

    Now, upon the agreement when I signed up, I'd be making 24k a year (not much, i know.)
    Well, I started work on a Tuesday. First paycheck rolls around, and they docked my check a day for not having worked that day. I figured whatever, and rolled with it.

    Now, the business was CLOSED on labor day. Completely closed, company wide. It's on our yearly work holiday list, with the words "holiday" next to it. The way I was told, holidays we all get paid for. Some, like Christmas, have a PTO holiday right after, which means that the store will still be closed, but in order to get paid for that off day, you have to use PTO time. Labor day is just listed as a regular holiday. Which means I shouldn't have to use PTO time in order to get paid. I check my paycheck today, and it shows me as being a day short. I ask the HR lady, and she says she had to short me a day because I'm not eligible for holiday pay yet.

    Is this legal? I'm completely confused. I thought salary meant I was paid x amount per check no matter what. Apparently I'm misinformed?
    Yeah it is legal (at least in Colorado, may differ depending on where you are).
    I know at my job you're not eligable for a paid sick day for the first 90 days, let alone vacation or holiday pay, and if you're a contractor it's best to just bring your own lube cause god knows they aren't going to use any of theirs while they rape you.

    It's a bitch that they didn't tell you about it, but AFAIK they didn't break any laws.

    Of course, this is my experience only. Take it all with a big dose of IANAL.

    Ringo wrote: »
    Well except what see317 said. That guy's always wrong.
  • PhistiPhisti Registered User regular
    edited September 2009
    I believe you only get paid for statutory holidays if you have worked at least a set amount of time prior to the holiday.

  • t_catt11t_catt11 Registered User
    edited September 2009
    Most companies have clauses that say you are not eligible for benefits within your probationary period - and holiday pay is usually considered to be a benefit (hey, you're getting paid for no work). So no, don't be surprised if they don't pay you.

    Santa4Me.com: Personalized letters from Santa Claus!
    [SIGPIC][/SIGPIC]
  • TheRoadVirusTheRoadVirus Registered User regular
    edited September 2009
    Ok, well that takes care of that one.

    But about the salaried thing. I thought you were paid the same amount regardless of hours worked?

    If I'm being paid 24k a year, and they are cutting days here and there, it wont BE 24k a year, and they're not living up to their end of the bargain

    Amazon Wishlist =-=-=Hi Santa!=-=-=Shirt size for gifts is 2x, or XLT (preferable)
    "Ellie" in the Mystery Mansion =-=-= Check out my 13th age pbp!
    PSN: The_Road_Virus Twitch: The_Road_Virus Steam: TheRoadVirus
  • ChanusChanus Registered User regular
    edited September 2009
    Many places have a probationary period (usually 90 or 180 days) before they will pay you for holidays and before you receive benefits like insurance or vacation days.

    As for being on salary, you can be docked hours for days you don't work.

  • RuckusRuckus Registered User regular
    edited September 2009
    It depends where you are.

    Raneados wrote: »
    so what SPECIFICALLY is the problem with my hole?
  • DeebaserDeebaser At the corporate garage sale This is cheap and plentifulRegistered User regular
    edited September 2009
    Ok, well that takes care of that one.

    But about the salaried thing. I thought you were paid the same amount regardless of hours worked?

    If I'm being paid 24k a year, and they are cutting days here and there, it wont BE 24k a year, and they're not living up to their end of the bargain

    Go back to HR and ask when you are eligible to receive Holiday pay.

  • GanluanGanluan Registered User regular
    edited September 2009
    Salary doesn't always mean you get paid that money regardless of hours worked. If someone has to take a day off for illness but doesn't have any sick days, it's not like they get paid anyway :P

  • TheRoadVirusTheRoadVirus Registered User regular
    edited September 2009
    Thanks for the info. This whole salary thing was throwing me for a loop. I've always been in those hourly jobs before this, so the specifics of things are just a bit confusing. I'll try to talk to the HR lady and see what she can tell me.

    Amazon Wishlist =-=-=Hi Santa!=-=-=Shirt size for gifts is 2x, or XLT (preferable)
    "Ellie" in the Mystery Mansion =-=-= Check out my 13th age pbp!
    PSN: The_Road_Virus Twitch: The_Road_Virus Steam: TheRoadVirus
  • vonPoonBurGervonPoonBurGer Registered User
    edited September 2009
    Thanks for the info. This whole salary thing was throwing me for a loop. I've always been in those hourly jobs before this, so the specifics of things are just a bit confusing. I'll try to talk to the HR lady and see what she can tell me.
    Your salary is the amount you would make in a year assuming you didn't take any unpaid leave during the calendar, i.e. you worked every work day that year, or spent sick days or vacation days to cover all days you didn't work during the year. If you take a day off unpaid for whatever reason (and it sounds like stat holiday pay is considered a benefit, and you don't qualify for benefits yet) then your paycheck for that pay period is reduced by one day's worth of pay. To figure out what one day's worth of pay is, the HR people take your salary and divide it by the number of work days in the calendar year (this is called prorating). It sounds like you're still in the probationary period and don't qualify for benefits yet, so any leave you take is going to be unpaid leave.

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  • Sir CarcassSir Carcass I have been shown the end of my world Austin, TXRegistered User regular
    edited September 2009
    Usually, the only point of making someone salaried is to screw them out of overtime pay. Sorry. :/

    camo_sig2.png
  • TopweaselTopweasel Registered User regular
    edited September 2009
    Usually, the only point of making someone salaried is to screw them out of overtime pay. Sorry. :/

    That and to set a stand schedule your paid salary as a way for them to expect at minimum 40hrs of work. There isn't call bob and see if he can fill in for me. Its I am working 8-5 and if I miss a day sick I lose a vacation day and such.

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