My Current State: 

Florida Holiday Pay Law


Posted by Tamara

Florida employers can require employees to work any day of the year. Businesses can legally remain open year-round. There is no Florida or federal law mandating that companies close on holidays or observe them in any way. In fact, if an employee is called to work on a holiday and doesn’t do so, the employer has every right to discipline or terminate that worker.

All that Florida and federal laws require is that employees be paid for each hour they work.

Employees are surprised by this information and argue that they’re entitled to federal holidays off from work.

They are not. A federal holiday is simply a day the post office and government agencies close. In the United States, there are no government-required holidays.

Employers that close on holidays are not required to pay employees for that day off. Neither Florida nor federal law mandates paid holidays for workers. Many companies provide paid holidays as an employee benefit. How many and which holidays are offered are up to the individual employer.

Several companies, businesses and service industries are open on holidays and every other day of the year. Consider that police departments, fire departments and hospitals much stay open every day. Therefore, the employees of these employers are required to work holidays.

Employers in other industries also remain open for business year-round. Hotels, restaurants and gas stations are open every day. In addition, many retail stores and shopping malls choose to stay open on holidays. (There are some exceptions. In some areas, “blue laws” require stores to close on Sundays or Sunday mornings. These laws are not nationwide, and are becoming less common.)

A Florida employer asks, “If I remain open on a holiday, do I have to pay my workers extra for that day?”

No. Many employees assume they are entitled to increased or premium pay for working on a holiday, but there is no Florida or federal law that requires it. Companies often offer premium or “holiday” pay as an incentive for their employees, but are under no legal obligation to do so.

 

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