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Badge - AV Preeminent Victor A. Rotolo
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Please click Award & Selection Criteria & Methodology for information regarding the specific criteria used for selection of each of the above awards.

December 2017 - Holiday Pay – A Requirement or A Gift?

Corporate Policies The movie Christmas Vacation is a great example of assumptions going awry. Clark Griswold (a.k.a. Chevy Chase) is devastated when the monetary bonus he’s expecting turns out to be membership in the Jelly-of-the-Month Club. While you may not be expecting a holiday bonus, you could be looking forward to paid time off or even premium pay for holiday hours worked. But are you entitled to either?

In a word, ‘no.’ Here are some facts regarding holiday pay:

  • Neither Federal nor New Jersey State Law requires employees receive paid holiday time off.
  • If paid time off is offered, the time is paid at the employee’s regular rate; premium pay is not required.
  • Paid holiday hours are not included in the calculations to determine overtime eligibility for hourly employees.
  • Reasonable accommodations must be made for religious holidays; often, accommodations are in the form of vacation time or “floating” holidays.
  • Employers can have separate policies for different classifications of employees provided the policies are neither discriminatory nor inconsistent.

Having said all this, it’s important to note that most companies, including small businesses with full-time employees, do observe some holidays. The Society for Human Resource Management offers the following breakdown of the percentage of employers who offer time off, either paid or unpaid:

  • 97% for Thanksgiving and Christmas Day
  • 95% for New Year’s Day and Labor Day
  • 94% for Memorial Day
  • 76% for July 4th

Usually holiday pay is part of an overall employee benefits package, the specifics of which should be spelled out in the Employee Handbook. Employees should check their company’s specific policies to know what to expect and to avoid surprises.

On that note, we wish you a Merry Christmas, Happy Holidays, and a Happy, Healthy New Year!

What Our Clients are Saying

The absolute BEST!!! I have a family of attorneys but needed someone local. Victor was recommended to me and words cannot describe how pleased I was with his firm. The outstanding service and attention each member of his staff gave to me surpassed any and all expectations. Victor surrounds himself with a hardworking team that he leads. I felt it was money spent wisely. I will continue to recommend Victor and his associates.

- Stephanie

Mr. Rotolo has helped me numerous times in legal matters and has continued to support and help me through countless hardships. He is dedicated to providing the best service and is a true professional. I will continue to consult with him regarding any legal issues in the future. He is a respectable, hardworking, kind hearted man and I would recommend his legal services to anyone.

- Matthew

I am an attorney and have practiced law for 26 years. I hired Vic to handle a very difficult family matter because I do not handle family law. Vic was extremely competent and obtained a result far beyond my expectations. Without his counsel my son's and family's life would have been changed forever. Thank you Vic for your good lawyering. I very much appreciate the personal attention and time dedicated to this matter. I highly recommend Vic.

- Anthony

We recently had a situation where we needed to hire an attorney. We selected Kearns Rotolo Law and I can honestly say that we were above and beyond satisfied with Vic and his team. We would absolutely recommend this firm to anyone should the need arise. We blindly picked the firm out of the phone book because I liked his ad. Now I believe that God was pointing us in the right direction. Thank you Vic and Kearns Rotolo Law for being there for us in our time of need.

- Kim

Victor's expertise, due diligence, and empathy for his client made my first experience with the law (and last) a non-stressful one. Before the case, I did my research and looked over about 20 lawyers before choosing Victor. All my sources pointed to him as the best and they weren't off even a bit. Victor treated my case like it was his own and kept me up to date with all my appointments, breakthroughs in the case, and guided me step through step in a process that I never thought that I had to come to endure. If Victor's not available Susy will go out of her way to take care you. The productivity and efficiency in that office is second to none. Thank you Victor!

- Michael