California has long been a fierce protector of employee rights. This is particularly true when it comes to ensuring that workers get paid appropriate wages. Not only does California strictly enforce minimum wage requirements and overtime laws, but they are also strict about how employees are classified.
Generally, most employers provide regular pay on holidays unless their policies include time-and-a-half pay. Under California law, extra pay for working on a holiday is not required unless the employee has already worked 40 hours that week.
But, does California have any laws related to paying more to workers on holidays?
In California, there is no legal requirement for employers to provide additional holiday pay when businesses are closed for holidays, such as Thanksgiving, Labor Day, or Christmas Day. Employees usually receive their standard rate of pay for holidays, unless company policies specify a higher rate, such as time and a half.
Here, we want to discuss which holidays the state of California observes as well as how employees should be paid if they work on these days.
Are Holidays Considered “Special” Pay Days in California?
There are several holidays that most people are aware of when it comes to days off from work or school. This includes:
- New Year’s Day: January 1
- Martin Luther King Jr. Day: Third Monday in January
- Presidents’ Day: Third Monday in February
- César Chávez Day: March 31
- Memorial Day: Last Monday in May
- Independence Day: July 4
- Labor Day: First Monday in September
- Native American Day: Fourth Friday in September
- Veterans Day: November 11
- Thanksgiving Day: Fourth Thursday in November
- Day after Thanksgiving: Fourth Friday in November
- Christmas Day: December 25
Additionally, there are special observance days for celebrating birthdays or notable people, including Martin Luther King, Jr. Day, various presidents’ birthdays, etc.
As in most other states across the country, California employers do not have to pay their employees any extra money just because they work on official holidays. If an employee works on a holiday, they will be paid their usual rate of pay.
However, there are some companies that have written policies specifically stating that employees will receive additional pay for working holidays. This payment is usually equivalent to what an employee would earn for working overtime, which is time and a half of their regular pay. If the company does have private policies that inform employees that they will be paid for specific holidays, then they will be required to do so. Additionally, if there is a collective bargaining agreement that gives employees the day off for specific holidays or requires pay for specific holidays, then this will be a contractual obligation.
The only time California law is going to require additional pay on a holiday is if the employee has worked more than 8 hours during that working day or if the employee has worked more than 40 hours during that workweek.
Additionally, California law does not require any employer to close for business on any holiday or to give their employees time off for a particular holiday. That said, government offices do close on official holidays, and many employers will allow their employees to take time off for specific holidays.
Holiday pay for part-time and temporary workers:
- Full-time Employees – Typically eligible for holiday pay and time off.
- Part-time Employees – May receive holiday pay, depending on company policy or hours worked.
- Temporary/Seasonal Employees – Rarely eligible for holiday pay or time off unless specified in their contract.
- Contract Workers – Generally not entitled to holiday pay unless outlined in their agreement.
- Unionized Employees – Holiday pay and benefits depend on the terms of the collective bargaining agreement.
Eligibility for holiday pay varies by employer policies, industry standards, and state labor laws.
Is There Weekend Pay in California?
There is no such thing as weekend pay in California. Weekends are considered to be the same as any other workday as far as wages are concerned in this state. However, if an employer has adopted practices related to giving workers extra pay for performing duties on the weekend, or if there are contractual terms obligating employers to pay for weekend work, then they must do so.
Work With an Employment Lawyer
If you think that you have not received your rightful pay, you need to speak to a qualified Orange County employment attorney as soon as possible. These cases can become complicated, particularly when standing up to aggressive employers and their legal teams. You deserve to be paid fairly for your work, including any hours you put in, your rightful commissions, overtime pay, and more. A skilled lawyer can investigate every aspect of your claim and help properly determine the best steps forward for your particular case.
