Expert: Margie deMarteleire - 8/10/2009

Question
recently found out that my husbands employer has not been paying any holiday time to their employees, claiming they are seasonal workers (asphalt/paving) only working from May through November and are drawing unemployment the rest of the year.  My husband has only been employed by this company going on his second season, but we know of several that have been here over 20 years and have never been paid holiday pay.  Have read a little about the Montana laws governing this issue, but could use  some good advice.

Answer
I looked at Montana law, and found the following in their Frequently Asked Questions document:

General Guidelines:
Wage and Hour Laws Do Not Require
-Vacation pay (private sector) – if promised and earned, is due and payable
-Holiday or sick pay (private sector)
-Severance pay
-Rest breaks or meal periods
-Holidays off
-Pay raises or fringe benefits
-Time clocks to be used

Montana is not unusual in this.  Most states and the federal government do not require vacation or holiday pay.  Providing sick leave is being pushed as a national agenda, but has only been passed in two or three places.