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Texas Holiday Pay Law

Posted by Tamara

Many Texas employers offer paid holidays to their workers as part of the employee benefit package. How many and which holidays they provide are determined by each individual employer.

There is no Texas or federal law that mandates paid holidays for employees.

Many employees argue that they are entitled to be off and receive pay for federal holidays. This is a misconception. Not only are there no laws requiring paid holidays, there are no laws that require employers to provide time off on holidays at all. The term “federal holiday” simply describes days that the post office and government agencies are closed.

In fact, the United States has no laws requiring employers to close on holidays or to observe holidays in any way. Under Texas and federal laws, employers can be open for business 365 days a year. They are also permitted to require employees to work any day of the year.

Obviously, many Texas employers are open year-round because they must be. Hospitals, police and fire departments, hotels and gas stations all provide services 24 hours a day, every day. Police officers, firefighters, hospital personnel, etc are regularly required to work on holidays.

Some Texas employers stay open by choice. Businesses like retail stores, convenience stores and shopping malls often stay open on holidays. Their employees then are often required to work on holidays. Texas employers can choose to close on certain holidays, but are not legally obligation to close, nor are they obligated to pay their employees for those days off.

Employers open on holidays often provide premium or extra pay for employees who work those days. They do not have to offer “holiday” pay, but do so as an incentive for their workers. There is no Texas or federal law that mandates additional pay for employees who work on holidays.

All that federal and Texas laws require is that each employee be paid for every hour worked.


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