Experienced New York Employment Law Attorneys Guide Clients Through Holiday Pay Disputes

Our attorneys support clients facing disputes and confusion related to fringe benefits

Under New York labor and employment laws, employers are not required to offer so-called “fringe benefits,” or payment for hours that an employee does not actually work. These fringe benefits include vacation pay, sick days, holiday pay and personal days. An employer may choose to offer these benefits, however, as an incentive to attract and retain employees. If the organization chooses to offer these benefits and includes them in an employee’s contract, the employee is legally entitled to receive the designated pay.

With more than 70 years of combined experience, the New York employment law attorneys at Hepworth, Gershbaum & Roth, PLLC have helped countless clients understand their rights to receive compensation for holiday, sick pay and vacation hours. We are qualified to handle disputes of all natures and sizes, including those relating to unpaid fringe benefits for single employees and major class-action cases involving a large number of clients.

How can I tell if I am entitled to holiday pay?

During the hiring process, many issues are discussed, including wages, benefits and more. This can make it difficult to pay attention to every detail. Fortunately, there are several easy ways to determine your eligibility for holiday pay, including:

• Reviewing your employment agreement: Upon your hiring, your employer was legally required to present you with a document detailing the terms of your employment, including your pay, benefits and human resources policies. Reviewing this employment agreement may help you determine your right to receive holiday pay, as the document should outline your eligibility for all fringe benefits offered by your employer.

• Requesting information from HR: Employment agreements are often complex legal documents that can be difficult to understand. If you have trouble understanding your employment agreement, or are unable to pinpoint the language regarding your eligibility for holiday pay, do not hesitate to reach out to your HR representative.

While it may be tempting to discuss your concerns with coworkers, you may not always receive the most factual information by doing so, especially in organizations that offer varying levels of benefits to employees.

What should I do if I am denied my rightful compensation?

If you are legally entitled to holiday pay but have not been compensated, you have several options for resolving the issue.

Viable strategies include:

• Contacting HR: A simple mistake or oversight in the payroll processing procedure is often to blame for holiday pay disputes. Contacting your HR department to inquire about missed holiday pay or to voice your concerns regarding the lack of payment is often an effective step in recovering the compensation you are entitled to. In many cases, employers encourage employees to discuss any and all concerns with HR, making this the logical first step in the process of resolving your holiday pay concerns.

• Filing a complaint with the state: The New York State Department of Labor oversees all matters relating to the compensation of employees. Filing a claim with the Department of Labor prompts an investigation into your situation. A successful claim may result in a judgment for compensation or sanctions against your employer. It is important to remember that the Department of Labor has the final say in the validity of an employment law claim.

• Taking legal action: While it may seem extreme to file a lawsuit for compensation against your employer, the strategy may be the only way to recover the funds you are owed.

Before taking any steps, it may be helpful to discuss your concerns with a New York employment law attorney. By doing so, you may be able to better understand your rights and legal options, and avoid a costly misstep that negatively impacts your relationship with your employer.

Schedule a free consultation to discuss your holiday pay concerns with one of our New York employment lawyers

At Hepworth, Gershbaum & Roth, PLLC, our New York employment law attorneys leverage more than 70 years of combined experience to offer guidance to clients facing questions over holiday pay. After carefully reviewing your situation and your goals, we take great care to provide the personalized advice you need to pursue favorable resolutions. To schedule a free consultation with one of our New York employment law attorneys, please contact us online or call 212-545-1199 today.