Massachusetts used to require holiday pay, but that has not been the case since 2023. That said, many employers may continue to offer increased pay for working on a holiday as a benefit.
If you believe your employer has violated your holiday pay rights, we can help you understand your options and protect your interests. Our Boston wage theft dispute lawyers can represent you if you have a wage dispute to help you get the pay you were unfairly denied.
When Is Holiday Pay Required in Massachusetts?
Massachusetts law has traditionally required retail establishments to provide premium pay for work on certain holidays. However, due to recent changes in state law, these requirements were lifted in exchange for a higher minimum wage.
If your employer includes holiday pay in their employee handbook or written policies, this creates a binding obligation regardless of the statutory requirements.
Also, a consistent pattern of providing holiday pay can establish an implied contract. If your employer has regularly paid you extra for working on a holiday, they may be legally required to continue this practice. However, they can change this policy if they notify employees in advance according to law. A Boston labor & employment lawyer can explain in more detail.
For a free legal consultation, call (860) 999-9394
Understanding Your Holiday Pay Rights
While Massachusetts no longer requires workers to receive mandatory holiday pay, many employees still have holiday pay rights through other means.
Review your employment contract carefully for breaches. Your employer must honor any contractual obligations they’ve made regarding holiday compensation. These terms become part of your enforceable employment rights.
Company Policies and Agreements
Even without a state mandate, if your employer has a written policy or established practice of providing holiday pay, they must honor this commitment. Your right to holiday pay may come from:
- Employee handbooks
- Written employment contracts
- Collective bargaining agreements
- Consistent company practices
Premium Pay Arrangements
When your employment agreement includes holiday pay, it should specify the premium rate and which holidays are covered. Common arrangements include:
- Time-and-a-half pay
- Double time pay
- Regular pay plus an additional holiday day
- Fixed holiday bonuses
Common Holiday Pay Violations
Even without mandatory holiday pay requirements in Massachusetts, employers must still honor their commitments and avoid discriminatory practices. Here are the most frequent holiday pay violations under Massachusetts employment law.
Discriminatory Policy Application
Some employers selectively provide holiday pay in ways that violate the Massachusetts Fair Employment Practices Act (M.G.L. c. 151B). This occurs when holiday pay decisions are based on:
- Protected characteristics such as race, age, gender, or national origin
- Protected activities like filing workplace complaints or participating in investigations
- Union activity or support, which is protected under state and federal law
- Employee participation in protected leave programs like FMLA
Contract and Policy Violations
Many employers establish holiday pay obligations through their policies but then fail to honor them. Common violations include:
- Failing to follow written holiday pay policies
- Ignoring past practices that created implied contracts
- Breaching employment agreements regarding holiday compensation
- Violating collective bargaining agreements about holiday pay
Improper Pay Calculations
When holiday pay is promised, employers must calculate it correctly. Violations often involve:
- Excluding non-discretionary bonuses from holiday pay calculations
- Failing to include commission earnings in holiday rate computations
- Incorrectly calculating overtime when holiday hours are involved
- Using wrong base pay rates for holiday premium calculations
Procedural Barriers
Some employers create unnecessary obstacles to receiving promised holiday pay, such as:
- Imposing excessive documentation requirements
- Creating unreasonable advance notice rules
- Implementing discriminatory attendance policies
- Manipulating schedules to avoid holiday pay obligations
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Changes to Holiday Pay Policies
With the elimination of mandatory holiday pay in Massachusetts, many employers are reviewing and modifying their holiday pay policies. Understanding the rules around these changes can help protect your rights.
Your employer must provide adequate notice before making changes to holiday pay policies. While Massachusetts law doesn’t specify an exact timeframe, the notice should:
- Be provided in writing
- Allow reasonable time for employees to plan accordingly
- Follow any notice periods specified in employment contracts
- Comply with collective bargaining agreement requirements
While employers can modify future holiday pay policies, they cannot:
- Take away earned holiday pay for work already performed
- Make changes that violate existing employment contracts
- Implement changes that discriminate against protected groups
- Modify policies in response to protected activities
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What Should I Do If My Holiday Pay Is Denied?
If you’ve been denied promised holiday pay, here’s what to do. First, record the dates you worked and any instances where holiday pay was promised but not provided. We’ll need this to know how much pay you’re owed.
Carefully review your employment contract, union agreement, or company policy to confirm the specific holiday pay terms you were promised. These documents can show there was an agreement between you and your employer about holiday pay.
Then, contact a labor lawyer in Boston for advice, like the team at Duddy, Goodwin & Pollard. We can determine if your holiday pay rights have been violated and help you recover unpaid wages.
Get Help With Your Holiday Pay Dispute
Don’t let Massachusetts holiday pay disputes affect your financial well-being. At Duddy, Goodwin & Pollard, we help workers like you get the wages they deserve after they’ve been unfairly denied.
Our experienced employment lawyers have a proven track record of resolving holiday pay disputes effectively and efficiently. Take the first step toward resolving your holiday pay concerns by contacting our Boston labor and employment lawyers.
Schedule a confidential consultation with our employment law team today. We’ll evaluate your case, explain your options, and develop a plan to help you recover the compensation you’ve earned.
Call or text (860) 999-9394 or complete a Free Case Evaluation form