Piscataway, NJ asked in Employment Law for New Jersey

Q: Is an employer allowed to make you take a day off without pay for no reason and refuse to let you work bc of a holiday?

I am on a “probation” period as all newer employees are, but it doesn’t seem right to refuse to pay you for a holiday, make you stay home, and not give you work if you asked so you can get paid 40 hours that week.

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2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered

A: Welcome to the workforce. You will find that many situations are not favorable to the employee. The law provides you with certain guaranteed rights, like minimum wage, some states require a minimum amount of paid leave for illness. But most scheduling is up to your employer, and he sees the relationship differently than you do. If He decides to close the business for a holiday, you are not entitled, by law, to be paid for the day. You are entitled to wages for hours worked. Employers are not required to provide you with benefits like health insurance or other benefits, unless there is a contract saying they must do so. You can contact the Penn. Department of industrial relations/labor commissioner or the US department of labor if you have further questions. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer.

Paula M. Dillon
PREMIUM
Paula M. Dillon
Answered
  • Hackensack, NJ
  • Licensed in New Jersey

A: Your employer can make changes to the hours you are working.

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