Happy Labor Day! Do you Have the Right to be Off this Holiday?

Go to Work … if you WANT!


Observed the first Monday in September, Labor Day is an annual celebration of the social and economic achievements of American workers. The holiday is rooted in the late nineteenth century, when labor activists pushed for a federal holiday to recognize the many contributions workers have made to America’s strength, prosperity, and well-being.


While many people have off work, plenty others will be working this Labor Day. 


This begs the questions, do you have the right to be off this holiday?


·         Labor Day is one of the most common paid holidays in the U.S.

·         97% of employers give some employees Labor Day off. However, more than 40% of

          businesses will still be open and have some staff members on the clock.

·         Large organizations are much more likely to have some employees working on Labor Day

          than small businesses.

·         There are no federal laws requiring employers to give employees paid holidays or to pay

          those who do work those days any extra compensation.


Labor laws and Labor Day

Research from the Society of Human Resource Management shows that Labor Day is one of the most common paid holidays, trailing only Thanksgiving, Christmas Day and New Year's Day.


Despite the popularity of not requiring employees to work on Labor Day, there is no labor law requiring companies to give this or any other day off. The federal government does not mandate that employers provide workers with time off for holidays or vacations.


Employers who choose to give their employees the day off are not required to pay them for the day. According to the U.S. Department of Labor, the Fair Labor Standards Act (FLSA) does not require organizations to pay employees for time they don't work. "These benefits are generally a matter of agreement between an employer and an employee (or the employee's representative)," the U.S. Department of Labor says on its website.


While paid holidays, like Labor Day, are not required by federal law, they are a benefit that employees find appealing.


So, what can you do?

If having time off, like on national holidays, is important to you as a worker, do your research. When searching for jobs, be sure to inquire about a company’s policies when it comes to holidays so you will know beforehand whether or not this a suitable place!


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We hope you have a great Labor Day this year whether at work or at home enjoying some relaxation.  Should you have any questions about a legal issue you may be facing, contact us today for a free consultation.  Please contact us by text or phone at (414) 775-7445 or email at laura@jlfwisconsin.com anytime. 



*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation.  Further no attorney-client relationship is intended or created with this post.*