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www.ClintonTwpNewsletter.com
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H o l i d ay P ay – a R e q u i R e m e n t o R a G i f t ?
The movie Christmas Vacation is a great example of assumptions
going awry. Clark Griswold (a.k.a. Chevy Chase) is devastated when the
monetary bonus he's expecting turns out to be membership in the Jelly-of-
the-Month Club. While you may not be expecting a holiday bonus, you could
be looking forward to paid time off or even premium pay for holiday hours
worked. But are you entitled to either?
In a word, 'no.' Here are some facts regarding holiday pay:
• Neither Federal nor New Jersey State Law requires employees receive
paid holiday time off.
• If paid time off is offered, the time is paid at the employee's regular rate;
premium pay is not required.
• Paid holiday hours are not included in the calculations to determine
overtime eligibility for hourly employees.
• Reasonable accommodations must be made for religious holidays;
often, accommodations are in the form of vacation time or "floating" holidays.
• Employers can have separate policies for different classifications
of employees provided the policies are neither discriminatory nor inconsistent.
Having said all this, it's important to note that most companies,
including small businesses with full-time employees, do observe
some holidays. The Society for Human Resource Management offers the
following breakdown of the percentage of employers who offer time off, either
paid or unpaid:
• 97% for Thanksgiving and Christmas Day
• 95% for New Year's Day and Labor Day
• 94% for Memorial Day
• 76% for July 4th
Usually holiday pay is part of an overall employee benefits package,
the specifics of which should be spelled out in the Employee
Handbook. Employees should check their company's specific policies to
know what to expect and to avoid surprises. On that note, we wish you
a Merry Christmas, Happy Holidays, and a Happy, Healthy New
Year! – Victor Rotolo
Victor A. Rotolo is a long-time resident of Clinton Township and
the founder of Rotolo Karch Law. Call Rotolo Karch Law today:
908.534.7900 to discuss any legal situation confronting you. Your
half-hour consultation is free of charge! Their attorneys and staff
are ready to serve your legal needs. Rotolo Karch Law • 502 US 22
West, Lebanon, NJ 08833. www.RotoloKarchLaw.com
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502 U.S. 22
Lebanon, NJ 08833
908∙534∙7900
www.RotoloKarchLaw.com
Victor A. Rotolo, Esq.
Former Police Officer,
City of Elizabeth
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