Not One Paid Holiday Or Vacation Day, Um, That's Illegal

By
Job Swill
on July 6, 2006 10:44 AM | | Comments (1147)

I was in the furniture industry and the company was "down-sized" and several of us was fired. I collected a some unemployment and I ran out of money so...my office manager at the furniture place suggested this other company was looking for a Service Coordinator or a Scheduler. She felt I would be good for this position due to my expertise in furniture and she had gotten a cushy job at a major furniture store and this upholsterer was one of her Service Techs for repairs. I apply, I get the job because of her ref and lo and behold...I really like this job at first. Everyone is really nice. But small things start to creep up. Like I am on the books, but he writes my check out of his check book. I do not see any deductions for State Taxes and Social Security..And Holidays...There are NO paid holidays whatsoever. None I tell you!!! They are Turkish and not even the Muslim holidays are paid. No sick days, no excused days, no days period. You lose a day you lose your pay.

But, the clincher for me was just last week. The manager approaches me and tells me that they are closing the shop from the 1st of July to the 5th. Now, anyone else probably would be ecstatic to be off except for the fact that we are not paid for it. How am I supposed to loose three days pay on the first week of the month with rent due, bills due, car note, insurance, etc....with two days of notice? Pissed does not exactly describe my feelings. But to add insult to injury, he refuses to pay any of us until we come back after the forced vacation! We get paid on Monday, and would not return until Thursday. He does not care about our circumstances. He feels that he has his rules, which are always right and screw the U.S Department of Labor. So, I am looking again. I interview today for what I hope is good job and have a second interview tomorrow. Oh, and he's not getting any notice either. You get treated as professionally as you treat your employees!! I don't owe him Jack!

(Posted by Glowie)

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1147 Comments

By Skwerly on July 6, 2006 3:30 PM | Reply

From EmployeeIssues.com:

"(T)here is no Federal "holiday pay law" that generally entitles private-sector employees to receive paid holiday time off. In fact, there is no Federal law that requires private-sector employers to give employees time off for holidays, whether with or without holiday pay.

From the same site:

Although the Federal Fair Labor Standards Act (FLSA) requires employers to pay overtime and minimum wage to eligible employees, it does not require employers to provide employee vacation pay. In fact, employers don't have to provide employee vacation benefits even without pay, because it's strictly voluntary under the FLSA. But, employment contracts, such as collective bargaining agreements, may require employers to provide vacation pay benefits.

(Sorry, but I couldn't help myself...I'm a paralegal.)

By me on July 9, 2006 10:24 PM | Reply

At least you didn't work for some SOB that took taxes and didnt' pay them, then when he fired you said, he'd write you a check for the money that he kept out for taxes so I could claim and pay them myself. Only to never hear from him again, thankfully. Oh, did I mention 4 bounced checks in less than 6 months of employment?

That's illegal, the holding taxes and not paying them, but no holiday pay is getting to be pretty standard.

I feel for ya, though.

By Hang On on July 9, 2006 10:34 PM | Reply

Hold up a bit. First, I would not mirror his unprofessionalism. I would give decent notice and not burn a bridge unless you've worked there for a very short period of time and can leave that off your resume without displaying an obvious gap.

2nd: I don't believe it's the DOL he's screwing, I believe the IRS manages Social Security taxes, as well as Federal withholdings.

3rd: Many Federal and State agencies have a whistleblower provision... turn his ass in and they protect your identity.

4th: Photocopy every check you get from him. You may need it, especially when you apply for unemployment benefits.. given his books, you've no entitlement to that insurance. Especially since close the shop for a week, is actually a "layoff" (but check with Social Security 1st)

5th. While there may be no Federal law concerning paid time off, check your State laws

6th. Good luck and best wishes. He sounds like an ass.

By C. Peterson on July 21, 2006 11:10 AM | Reply

I can't believe this! You mean to tell me there are no laws protecting us from creeps like this? I feel for you! My husband is going through the same thing right now. It is awful, yet like your boss, she doesn't care. Best of luck

By Skwerly on July 21, 2006 3:21 PM | Reply

That's right, C. Peterson, the gubbamint won't hold your bitty hand and make sure no evil employer makes you sad.

As I've posted before, slavery was abolished in 1865, and you are free to work for (or not work for) anyone you choose.

If a company does not offer vacation or paid holidays, GO WORK SOMEWHERE ELSE!

By Naomi Johnson on July 31, 2006 11:36 AM | Reply

You can do this:
CALL THE IRS.
TELL THEM WHAT YOU HAVE BEEN THROUGH.
TELL THEM YOU WANT TO FILE QUARTERLY TAXES FOR YOURSELF; BUT KNOW THAT THERE IS AN EMPLOYER WHO PAYS UNDER THE TABLE.
This is not your legal issue.
It's the Turk's; and they fucking goddamm well know what they are doing.
You can also claim yourself as an independent contractor/small business owner for this money/time period...since that's what he basically turned you into.
Next time: ask about pay periods and try to work for a corporation...they have to abide by goverment rules.
Vacations are ALWAYS optional; as are holidays.
Trust me: I retired from the US postal service.
(laugh)

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