However, private sector employers are not required to pay public holiday pay to employees who work on these federal holidays. This is established by the Ministry of Labour in the Fair Labor Standards Act (FLSA), which states that employers do not have to pay employees for time that is not actually worked. Most retailers employing more than seven (7) employees, including the owner, must pay their employees at least one premium rate on Sundays (see rates below). The higher rate does not have to be paid to bona fide employees of officers, directors and specialists. In general, stores other than retail stores cannot be open on Sundays unless they fall under one of the exceptions. However, for all businesses, a Sunday work permit may be issued by the chief of police of the city where the business is located. A permit can only be granted for “necessary work or work that could not be performed on any other day without serious public suffering, loss, damage or inconvenience, or that could not be done on another day without delay for military defense work.” The expression “invited to work” is intentional, as the 2016 amendments contained provisions allowing workers to refuse to work on Easter Sunday without giving reasons and without consequences for their employment relationship (paragraph 2). The inclusion of paragraph 2 is illogical. On the one hand, the amendments allow local authorities to make Easter Sunday an ordinary working day for employees in their communities (who would otherwise work on a Sunday), as Easter Sunday is not a public holiday within the meaning of the Public Holidays Act 2003; On the other hand, however, the amendments remove the corresponding usual right of employers to have their employees work on a normal working day (subject to employers` mandatory legal obligations, one of which is discussed below).
Restricted Holidays: The Department of Labor Standards may issue a uniform statewide approval of permits for each of the following holidays. If the Department of Labor Standards grants a statewide permit, the work can only be done if the retailer has obtained a local police permit issued at the discretion of the local police chief. The inclusion of paragraph 2 adds no value and only adds unnecessary complexity to the law. Since Easter Sunday is not a public holiday, removing Easter Sunday from restricted trading days means that Easter Sunday will become a normal working day for employees who normally work on Sundays. Accordingly, pre-existing labour law, which applies to ordinary working days and where employees can legitimately request not to work on an ordinary working day (e.g. religious observance, annual leave), should apply to Easter Sunday. Employers and employees should not have specific rules that must apply for a particular ordinary working day (Easter Sunday) to be worked. We should strive to simplify our labour law to ensure maximum compliance and fairness.
(Of course, the inclusion of paragraph 2 may simply be what was needed to adopt the amendments, but it does not diminish the negative impact on our labour law.) In particular, paragraph 2 provides that, if an employer wishes an employee to work on Easter Sunday, he must inform the employee in writing of his right to refuse to work on Easter Sunday at the earliest 8 weeks and at the latest 4 weeks before the Easter Sunday concerned. (An employee who is employed less than 4 weeks before the relevant Easter Sunday must be dismissed as soon as possible after the start of the employment relationship.) If the employee intends to refuse to work on Easter Sunday, he must notify it no later than 14 days before the Easter Sunday in question. (An employee who is employed 14 days or less before the applicable Easter Sunday must report this as soon as possible after the employer notifies the employee of the termination.) Massachusetts` blue laws govern the hours of operation of certain businesses and require certain businesses to pay additional compensation (known as “premium payment”) on Sundays and holidays. These laws are enforced by the Office of the Attorney-General. The Department of Labor Standards has authority over statewide approval of local permits that allow businesses to open on Columbus Day, Veterans Day, Thanksgiving and Christmas when they would otherwise not be able to open during certain hours or all of those days. However, private sector employers are not required by law to provide paid leave to employees. In the eyes of the law, these public holidays recognized by the State are always considered as regular working days. Although not required by law, many employers offer their employees vacation pay (such as double the time or an hour and a half) to reward and motivate them to work on those days. Keep in mind that even though holiday pay is not mandatory, the standard rules for overtime pay apply on these days – as they are considered a normal working day. In 2016, the Shop Bargaining Hours Act 1990 was amended to allow local authorities to decide whether retailers in their district can trade on Easter Sunday. Many territorial authorities are currently consulting with their municipalities about a business ordinance on Easter Sunday. As a result, many more employees in New Zealand could very soon be invited to work on Easter Sunday.
Massachusetts` blue laws govern which businesses are legally allowed to operate on Sundays and holidays. Various retail and other businesses are allowed to work on these days, but some retailers are required to pay premiums to workers. Special rules also apply to factories and mills and to the sale of alcoholic beverages. *Premium payment is only required if the retailer employs more than seven (7) employees, including the owner. In general, most types of businesses other than retail can operate on the following holidays without authorization or restrictions: However, there are still federal employees whose offices are open and who are required to work on these holidays. In these cases, most receive a replacement day (often referred to as “compensatory leave”) to compensate for these missed vacations. If a business falls under one of the 55 exceptions that allow Sunday work, it can also operate on most public holidays. For example, restaurants, pharmacies and hotels may be open on Sundays and holidays. If you have questions about statewide approval of local permits that allow businesses to open on Columbus Day, Veterans Day, Thanksgiving, and Christmas, please contact the Department of Labor Standards` minimum wage program at (617) 626-6952. Voluntary nature of employment Most retailers cannot require workers to work on Sundays, and an employer cannot punish an employee in any way, or retaliate if they refuse to work on a Sunday.