Employment Law Assignment Example | Topics and Well Written Essays - 3000 words

Employment Law - Assignment Example The paper relates to the potential problem areas faced by Food Ltd, as in contractual period, opt-out agreement, shift timings, working hours, break timings, annual leaves and sick leaves and it advises the firm on how to handle these issue by providing a suitable solution in accordance with the employment law clauses and cases. This essay stresses that holiday pay is strictly a matter of contract. Compensation for idle time on holidays, where the payments are in amounts approximately equivalent to the employee’s normal earnings for a similar period of time, is excludable from the employees’ regular rate of pay for purposes of overtime compensation. When a contract specifies that an employee will receive idle time compensation for the holiday whether or not he works, the sum allocable to holiday pay is excluded from the computational of regular rate and may not be credited against overtime compensation due. The compensation paid for the hours worked on the holiday, however, is included in the computation of the regular rate in the same manner as other compensation for hours worked. There is no federal law governing holiday pay. However, almost universally, employers provide time off and compensation for at least a few of the major holidays. It is a common practice, however, for employers to awa rd holiday pay only to full-time employees and require employees to work the day before and the day after the holiday to receive holiday pay. ... employees' regular rate of pay for purposes of overtime compensation. When a contract specifies that an employee will receive idle time compensation for the holiday whether or not he works, the sum allocable to holiday pay is excluded from the computational of regular rate and may not be credited against overtime compensation due. The compensation paid for the hours worked on the holiday, however, is included in the computation of the regular rate in the same manner as other compensation for hours worked. 1.1.2 : Idle time compensation : In a contract providing that an employee will receive idle-time compensation for the holiday only if the employee does not work, one should be careful to include a provision to the effect that the employee forgoes or waives his/her right to idle-time compensation if the employee works on the holiday. The waiver will preclude any doubt as to what was intended. 1.1.3: Holiday pay and Law: There is no federal law governing holiday pay. However, almost universally, employers provide time off and compensation for at least a few of the major holidays. It is a common practice, however, for employers to award holiday pay only to full-time employees and require employees to work the day before and the day after the holiday to receive holiday pay. Changing workforce demographics have influenced the way some companies offer holiday pay and decide which days to close. The six most common paid holidays are New Years Day, Memorial day, Independence Day, Labor Day, Thanksgiving and Christmas. However, a company's industry and the market it serves are among the factors determining when a company will close. Banks, for example, are required to close on certain federal