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Not sure if the question makes sense. But if an employee is a 40 hour/week employee and is eligible for holiday pay, typically they work 32 hours plus 8 hours holiday pay for their 40 hours. Can an employer suddenly after many years decide that since the business is open less hours the employee will only be allowed to work say 28 hours plus 8 hours holiday pay for a total of 37 hours? I'm thinking that since NC is so employer friendly that they can do whatever they want but figured it was worth trying to get clarification.
Employers are not required to give you same amount of hours each week. They can adjust them as they see fit. If you work on a holiday they can adjust hours so the labor cost is the same without the holiday pay.
I know someone that works on prior holidays as a full time and their hours was reduced to 30 that week.
I
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t is entirely up to an employer to come up with its own criteria as to how many hours an employee works a day or week or any other factors that make an employee part-time vs. full-time for that particular employer. However, if wages or wage benefits are involved, then the employer must clearly spell out in writing (policy, handbook, etc.) as to what it takes to be a full-time employee vs. being a part-time employee.
This is especially important if an employer's part-time employees do not earn wage benefits such as, but not limited to, vacation pay (including PTO and PDO leave), sick leave, and holiday pay while its full-time employees can earn wage benefits. Also, it is legal for an employer to switch an employee from full-time to part-time even without the employee's knowledge as long as the employee does not lose wages, including wage benefits, that have already been earned at the time of the changeover."
Not sure if the question makes sense. But if an employee is a 40 hour/week employee and is eligible for holiday pay, typically they work 32 hours plus 8 hours holiday pay for their 40 hours. Can an employer suddenly after many years decide that since the business is open less hours the employee will only be allowed to work say 28 hours plus 8 hours holiday pay for a total of 37 hours? I'm thinking that since NC is so employer friendly that they can do whatever they want but figured it was worth trying to get clarification.
I don't think this is NC specific, so you might try the Employment forum for a wider range of responses--the only thing about NC is that it's a non-union state. If you're on salary, they should not be able to dock you for working less, even if they tell you not to come in. Check with HR for the specifics.
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My husband's had that issue before,so I'm guessing yes. I remember one Christmas he got holiday pay but reduced working hours. It basically ended robot be his regular weekly check amount but with less actual hours worked. This was at a glass repair business in Raleigh.
My husband's had that issue before,so I'm guessing yes. I remember one Christmas he got holiday pay but reduced working hours. It basically ended robot be his regular weekly check amount but with less actual hours worked. This was at a glass repair business in Raleigh.
See that's the difference. In this case the weekly check amount would be shorted by 3 hours.
If I'm reading this right, you're looking to work a full 40 hour week, then have 8 hours of O.T. holiday pay? If so, from a business POV why would they want to do that?
It's pay regular pay for a day with no profit - versus - overtime pay with no profit. No brainer here. Although realistically I feel you, you deserve as well as I do.
The last place I worked went like this;
They were closed, Thanksgiving, Christmas, New Years, Easter and Labor Day.
If a day you normally worked landed on a closed holiday, you have the day off with pay. In essence, 32 hours(4 days) you are paid for working and 8 hours are paid to you with the day off.
If you had that day off anyway you would get an extra holiday day of your choosing.
Be thankful they give you ANYTHING. They surely do not have to.
EDIT: I re-read your question and I think you answered your own question..?
In short, unless it's in writing, yes they can.
Last edited by eliterazor; 12-08-2015 at 07:27 PM..
If I'm reading this right, you're looking to work a full 40 hour week, then have 8 hours of O.T. holiday pay? If so, from a business POV why would they want to do that?
In short, unless it's in writing, yes they can.
The OP was saying that usually they would work 32 hours + 8 hours holiday paid leave = 40 hours/week.
This employer shorted his/her actual work hours to 28 + 8 hours holiday, giving them 36(7?) hours--shorting them 3-4 hours and therefore shorted 3-4 hours of pay.
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