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Employment Law/holidays & 10 hour shifts


QUESTION: I work on a production team in Rhode Island. We work 4 10 hour days, Monday thru Thursday. When a holiday is on Monday we have the day off with 8 hours holiday pay. Then the company has us work Tuesday thru Friday at 8 hours to make 40 hours total for that week. We feel cheated of a day off because the nonproduction people normally work 5 eight hour days and with a holiday work 4 days.
We have tried to get the company to let us work 10 1/2 hours for 3 days in the holiday week but they think that this is unfair to the 8 hour workers.
Your thoughts please.

ANSWER: You are both working 40 hours with a holiday I dont' see a problem with this.  We have told our employees that work a 4 day shift. This shift is for your convenience. You will not be given any special privileges at holiday time. You are paid for 8 hours the same as everyone else. You work 4 days...they work 4 days. The only difference on the holiday is you are paid for your day off because you are already working 4 days.

We do allow the 4 days a week employees to only work 3 days during the holiday week at their request but they are only paid for 38 hours that week. 30 for the worked time and 8 for the holiday. We do still expect their work to be caught up on time and deadlines met.


---------- FOLLOW-UP ----------

QUESTION: We understand about the pay and hours worked. Our point is that the 5 work day people have a holiday and work 4 days. Nothing changes except they reduce their work week by 1 day. The 4 work day people have a holiday and our work hours are reduced and we still work for 4 days. If the 5 day people were told to still come in and work 5 days but at 6 hours all things would be equal?

If you all worked a 5 days schedule there would be no problem. Again, the flex 4 day schedule is for the employee's convenience.

The employer is not required by law to give you a holiday off. He is not required to pay you for it either. The law does not regulate how he sets up his schedule for his workforce. This is up to the employer.

The law simply states that you must be paid for all the time you work and that if you are non exempt you must be paid overtime for all hours over 40. It does not stipulate vacation pay, holiday pay, or schedules. Those are between the employer and the employee.

As Human Resources I work to follow my companies policies and I am sure your Human Resource director does the same.

If you wish to change the way scheduling is handled or the handling of Holiday time off you need to go to the management of your company because that is where the policies come from.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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