Any Lawyers in 'da house?

[Bob Thomas]

I have a question, a ponder if you will type thing....

I'm a Cop in MA. We work a 4 on 2 off schedule. I am scheduled to work July 4th this year, a Sunday.

One of our department "Know it alls" found a law that reads "Holidays falling on a Sunday shall be observed on Monday" This being the case, the boss has stated that I will not receive Holiday Rate for working July 4 but the people working the 5th will.

I brought up that if this is true and I am scheduled to work Christmas Day 2005, I will, yet again, not receive compensation for the holiday and the person working the 26th will receive the premium rate.

This does not pass the common sense rule!! My personal feeling is that this law is for people working Monday through Friday (i.e. the people on Beacon Hill)

I have researched in Google and cannot find anything. Does anyone know if there is an exemption for public safety, people working the day or something like that? I'm ready to pound someone!!!

Thanks!

[CAL]

You should get holiday pay. I believe that law is for M-F workers.

I once worked the 4th on a Monday. Company handbook said we get double time for holidays so I figured that would be 16 hours pay plus my 8 hours holiday pay that those that didn't work got. Boss tried to tell me that my 8 hours worked plus the 8 hours holiday WAS my double time I had to threaten to call the labor board to get my money. Try calling them, they'd know.

[leptar]

Bob,
Call the Attorney General’s Office Division of
Fair Labor and Business Practices.
The hotline telephone number is (617)
727-3465. It is open Monday through
Friday from 9:00 A.M. through 5:00 P.M.


CAL,
same thing happened to me several years ago.. company policy was double time on Sunday and i figured + another 8 for the holiday... when payday came around i was short 8.. they said something like they legally couldn't pay me for 2 holidays on the same day... lol.. the following week i got my 8 after the phone call..

[Bob Thomas]

Thanks for the info! I'll call that number tomorrow morning. I just find it crazy that when I work July 4 and Christmas, I won't get pay. It does not make sense. I'm bent because I'm on OT on the 4th. That would be a tripple time day for me!! That's a lotta money to be shorting me

Thanks for the help......

[chris L]

bob
check with your union rep . you should be getting the extra pay for working on the 4th . All union contracts are different so check yours it should be noted in there . I cant believe it wouldnt be that you get the extra . you guys always work on holidays !

[Hooper]

Bob -

I am also on the job in Mass.

I would speak with a shop steward to have them give you an opinion on it and if need be, file a greivance. That sound like something that needs to be defined very clearly.

-Hooper

[Bliz]

Bob,
My wife works for the US Dept of Labor as a wage law investigator.

I'll check with her and let you know.

[Bob Thomas]

I think the problem lies with the wording of our contract. It says something to the effect that our legal holidays are "Christmas, Independance Day or the days which they are celebrated." In effect, July 4th will be celebrated on the 5th this year due to that law.

Time to call the AG's office!!

[Bliz]

My wife just replied and said that you should call the Mass Dept of Labor.

She told me that they define holidays for the M-F folks, and that you should be able to be paid a premium for the shift, but wasn't sure about how it runs for State employees.

Like the earlier mention from someone else, My wife suggested that you contact the Union Rep for your area to see if there is any existing contract language in regard to holiday premiums...

Hope this helps!

I don't think the AG will be able to help as much as the Massachusetts Dept of Labor.

Here is their phone number.
(617) 727-3476

Good Luck!

Bliz

[Bob Thomas]

Bliz and all,

Thanks for the info. I called the AG's office and the Fail Labor Division. Their exact words, "All I can tell you is that it is going to be observed on Monday." No other help.

However, the Citizen Information Network for the state said that there are 56 exemptions to the law, one being public safety. Now if they could just forward me the information I need, I'd be all set.

Why can't the town just do the "Right Thing" and pay like they are supposed to!!??

[chris L]

" It says something to the effect that our legal holidays are "Christmas, Independance Day or the days which they are celebrated." "

to me the key word is "or" . its either you get paid on the Holiday "or" the day it is observed .

public safety isnt included ? who else works on Holidays ( cops, nurses , doctors , firemen , gas station cashiers and Mcdonalds workers ) .

[Bob Thomas]

I hear ya Chris. It really seems that our contract is mis-worded. The boss wants to do the right thing but doesn't want to be in violation of the law. Maybe we should put in the contract (3 years from now) July 4, Dec 25 etc. I've called everyone I could and they just give me the "All I can tell you is the legal holiday is on Monday" BS. How can you rightfully expect someone to leave their families on Christmas Day and not compensate them. Yeah, we're cops but we're also humans. People forget that.


Unfortunately, this is something that only comes up every 7 years or so. We can't even track the records of the years past since no one really was working during that time (young department)

Calls were made, information is coming. Hopefully, the town will see the issue and help us out! Then again, common sense was never their strongsuit

[Swede]

I'm a Union Elevator Mechanic, and the way it works for us is this. If its a Federal Holiday and it falls on a Sunday and Mon is the celebrated day I get Monday off with pay and if I work its double time for time worked and the 8 hrs Holiday pay, so its actually triple time . In your line of work you will probably have to work for straight time if its in your scedule. But you should be owed a day off with pay for the Monday Holiday, don't know your contract and they are all open to interpretation. Good Luck! A Federal Holiday is owed to you I believe if you work or not. But I'm not a Lawyer, its the Holiday Inn Express thing

[Bob Thomas]

Well, after much research (about 4 hours on my part with your help) the town has decided to compensate those working on the 4th itself.

Thanks to everyone for the assistance. For the most part, it boils down to the contract. The Fair Labor Standards Act said that the contract shall hold precedance. There were a lot of grey areas in the law (there's a shock!) but we appear to have it cut down correctly!

[chris L]

Bob
you have to wonder how come the guys before you never went after this ? this has to have been the norm for some time ( known as past practices ) . Im glad to hear you got some redemption for your Holiday work .

[Bob Thomas]

Chris,

The unfortunate problem is that there are only 3 original members in the department out of 15. This includes the chief, secretary and most of the town administration. No one really knew what to do. Oh well, live and learn I guess!

[Hooper]

Another idea I had was to contact the IBPO office and have them research the issue for you. I am assuming of course that you guys pay dues to them, I know I sure do....

BUT,.... I am happy to hear it was resolved, especially since it worked out for you.

-Hooper