Are employers required to pay employees for unworked holidays?
In West Virginia, employers are not required to pay employees for unworked holidays. However, employers are obligated to follow the guidelines outlined in the West Virginia Minimum Wage and Other Labor Standards Act. This law requires employers to pay employees at least the minimum wage rate for any hours worked, even if those hours are on a national holiday. If an employee is expected to work on a holiday, the employer must pay the employee overtime wages at 1-1/2 times their regular rate of pay for each hour worked. If no work is performed on a holiday, the employee is not entitled to any extra compensation. Employers are not prohibited from giving certain employees a paid holiday or paid day off for religious observances, provided that it does not conflict with collective bargaining agreements. Additionally, most employers have their own policies that may allow for unworked holidays to be paid. For example, an employer may choose to provide an extra day of pay to employees on holidays such as Independence Day or Thanksgiving. Employers should contact their local department of labor to ascertain any state or local requirements related to the payment of holidays. It is important to remember that employees must be compensated for the hours they have worked and, in most cases, are not entitled to pay for holidays if they did not work.
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