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Holiday pay for exempt employees

In the state of Kentucky is it required for the employer to pay holiday pay to exempt employees if the employer does not provide work for the holiday?

For exempt employees, the answer is yes and no. There is no law that a Kentucky employer must provide holiday pay to any employee. However, an exempt salaried employee who is ready, willing and able to work on a holiday must be paid his or her usual salary for that day. This is true, even if there is no work available  on that day because the business is closed.

As an employer, you can require the exempt employees to work on any holiday. But if you have no work for the salaried employee, you must pay him or her anyway. You can call that holiday pay, or you can call it the employees regular salary, but an exempt employee must be paid.

If the exempt employee is not available to work on the holiday (for example, if he or she goes out of town for Thanksgiving weekend) then the exempt employee need not be paid for that day.

Different rules apply to non-exempt and hourly employees.

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This entry was posted on Tuesday, October 26th, 2010 at 5:35 am and is filed under
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