Author: Sara Jodka

A Holiday Pay Q&A to Keep Employers Off the Naughty List

December is a month of heavy spending. Not only are wallets taxed for holiday gifts, but December is also a heavy month for charitable giving. With money on everyone’s brains a little more this month, the All Things HR Blog thought it might be a good time to go do a Q&A of commonly asked holiday pay-related questions. Does a private employer have to pay a non-exempt employee holiday pay? For whatever reason, many employees believe they are entitled to pay on holidays when they do not work or that they are to be paid a special holiday premium if they do work. This notion typically comes from the private-employer employee knowing someone in public employment or subject to a collective bargaining agreement (CBA) because those employees typically get paid for holidays not worked or paid a special holiday premium by virtue of a public-employer statute or CBA. In the private-employer context, however, neither the Fair Labor Standards Act (FLSA) nor most state laws require private employers pay hourly employees for holidays not worked or a premium rate for working on a holiday. There are some states, such as California and Massachusetts, which have different laws regarding holiday pay so employers should review applicable pay laws in all states where they employees just to ensure they do not end up on the naughty list. In most states though, including...

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Why Employers Should Avoid One-Size-Fits-All Handbooks

Every business is different and has different workplace issues and concerns that need to be addressed by the employee handbook. Because each workplace is so different, employee handbooks should be specifically tailored to address specific workplace concerns and issues, and also take into account federal, state, and local laws that govern that particular workplace. Application of laws and regulations typically depend on a couple of things including the location of the employer, the location of the employees, and the number of employees and the type of industry. For example, on the federal level, Title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities Act (ADA) apply to workplaces with 15 or more employees. The Age Discrimination in Employment Act (ADEA) applies to workplaces with 20 or more employees. State laws are also triggered in the same manner and many states have specific laws that provide additional employee protections or, in some cases, provide additional employer defenses. Similarly, some city/municipality laws apply to employers located within those jurisdictions. In regards to state laws, for Michigan employers, the Michigan Persons with Disabilities Civil Rights Act (the “Act”) allows for a statutory defense to failure to accommodate claims, but only if specific language is included in the employer’s handbook or posted. This is something completely different than the ADA and is specific to Michigan employers. What...

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The HR Blog is published by Dickinson Wright PLLC to inform the public of important developments within the firm and practice areas. The content is informational only and does not constitute legal or professional advice. We encourage you to consult a Dickinson Wright attorney if you have specific questions or concerns relating to any of the topics covered in this blog.