My Current State: 

North Dakota Holiday Pay

Posted by Tamara

Unless an employer is bound by a union contract, there is no federal or North Dakota law that requires an employer to provide paid holidays for workers.  Most companies do pay for holidays but the ones being paid are strictly up to the company, with an average number around 5 to 7.  Information outlining which ones can usually be found in the employee’s handbook.


An employer does not have to pay a worker extra for working the holiday.  They do not have to pay additional wages if they require a person to work nights or weekends either.  The company may do so but this may be at the company’s discretion as an incentive for additional staffing or more production.


In most cases Human Resources departments define, “holiday pay” as extra pay an employee receives while off work on a holiday.  The pay is at the employee’s regular rate and is usually an extra 8 hours, in addition to what the employee worked that week. 

For example, if Joe worked 36 hours the week of Memorial Day and Memorial Day is a paid holiday with his company then Joe would get 36 hours of regular pay and 8 hours of holiday pay.  He would not get 40 hours of regular pay and 4 hours of overtime. If Joe worked 40 hours that week then he would get 40 hours of regular pay and 8 hours of “holiday pay” at the regular rate. 


What if Jane worked 44 hours that week?  Then, by law, Jane would be paid 40 hours of wages at regular rate, 4 hours of overtime and 8 hours of “holiday pay” at the regular rate.


Some companies do have a policy of paying wages at a higher premium for hours worked on a holiday such as time-and-a-half  but the companies are under no obligation to do this. An employee should check with their payroll department or handbook to verity the policy.


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