California law does not require an employer to do any of the following:
- provide employees with paid holidays
- close on any holiday
- give employees the day off for any particular holiday
- pay employees overtime for working on holidays or weekends
California law does not require an employer pay an employee a special premium for work performed on a holiday, Saturday, or Sunday, other than the overtime premium required for work performed in excess of eight hours in a workday or 40 hours in a workweek. Just because you may know someone who gets “time-and-a-half” to work on Christmas does not mean you have a right to the same pay for working that day.
That said, an employer can create its own holiday and weekend pay policies. Such policies will usually be outlined in company handbooks and must be honored if they are in the terms of a collective bargaining agreement or employment agreement between the employer and employee. An employer may close its business on holidays and give its employees time off from work with pay if he or she so chooses.
Overtime pay may apply to hours worked on holidays and weekends, but this situation will also be unique to company policies. General overtime laws apply to all California employees who work in excess of eight hours in a workday or 40 hours in a workweek. However, an employer is free to enact a policy that requires employees to be paid time-and-a-half on weekends or certain holidays. If there is no such agreement in a collective bargaining agreement or employment agreement, then an employer is only required to pay an employee the regular rate of pay for hours worked on holidays and weekends.