holiday benefits
In addition to these holidays, the company observes 3 other holidays but an employee will only receive a holiday benefit (holiday pay or an extra day off) is they are a member of a certain race. For example, let's say Chinese New Year was one of the "additional" holidays, only if you were Chinese would you receive holiday benefits for that day, all of the other employees would receive nothing.
Do you think that this is right? Legal?
What industry is this, and what are the three "recognized" other days?
At this time I do not want to list either the holidays or the company I work for.
Quote: FleaswatterIn reply to Ayecarumba: No, "class excluded" employees are not given their pick of three other days to take off w/pay.
At this time I do not want to list either the holidays or the company I work for.
Then it sounds like the company is unfairly discriminating. You may have grounds for a class action suit if you are part of the "excluded class".
While you don't need to name the specific company, what is the general industry? Hospitality, Manufacturing, etc? I suspect there is some reason why the company would put in such a clearly unfair policy. It is unusual for it not to have been challenged if it has been in place for some time.
Most progressive companies will allow for the minimum number of statutory holidays and give floaters for fairness. Here in Canada, it's New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labor Day, Thanksiving, Christmas, and Boxing Day. We also get 2 "company days" to get us to 12 statutory holidays. These days accrue through the year and we're welcome to take whatever 2 days off we want. That's because Quebec has 12 statutory holidays and it would be unfair for a employee based in Ontario to not get the same number of statutory holidays.
This policy does not exist for our US counterpart. They get 8 stat holidays a year and must take religious observances as vacation pay.
Benefits can depend on job classification (e.g., Exempt from OT vs. Hourly wage). Perhaps this is the reason for the difference, as opposed to race/religion. I don't know if tribe membership can be considered a "job classification" though. Seems pretty out there.
Mom ironed and Dad stole.
Quote: Ayecarumba
Benefits can depend on job classification (e.g., Exempt from OT vs. Hourly wage). Perhaps this is the reason for the difference, as opposed to race/religion.
Not in this case, the additional holiday benefits are based entirely upon race.
Quote: FleaswatterNot in this case, the additional holiday benefits are based entirely upon race.
Always remembering this is the anonymous internet, I find it hard (impossible?) to believe that such a policy is codified in any 'handbook' that is given to employees of a corporation/company. Until you show proof of such I would believe that you are making this up, or at least misinterpretting the written words. I just can't see---Blacks get off MLK day, Hispanics get off cinco de Mayo, Eskimos get off Nunavut day, etc....
Quote: AyecarumbaI wonder if the Native American casinos can provide extra benefits (like a tribe holiday, if there are such things) to employees who are also members of the tribe, without providing the same for non-tribe member employees? The workings on the tribal properties could be different, in a sense not governed by state or federal laws.
Benefits can depend on job classification (e.g., Exempt from OT vs. Hourly wage). Perhaps this is the reason for the difference, as opposed to race/religion. I don't know if tribe membership can be considered a "job classification" though. Seems pretty out there.
I work for a tribe and there are "Native Holidays" (State and Federal Indian Day). My position is funny in that if we are not present the casino cannot be legally operated, so we are given 1 day of paid holiday per month to be used whenever (sometimes up to 3 days depending on when Thankgiving/Xmas fall). For admin employee's (the nine to fivers) they get these "Native Holidays" off same as if it was Labor Day, Memeorial Day, ect.
The only thing kind of inline with the OP is for enrolled Senecas of the Longhouse Faith. These people and these people only are granted religious leave for 10 day and 1 year feast (honoring the dead), Longhouse congregations, and other cultural events like Sundance. For those deeply involved, it amounts to 2-3 extra weeks off p/year. In this case, I believe the State has no say (sovereignty) and it is protected by the Fed through treaty. (I could be wrong, I never cared enough to challenge it) Of course, things on the rez are often quite different then the US, so this may not be apples-apples with the OP.
Quote: SOOPOOAlways remembering this is the anonymous internet, I find it hard (impossible?) to believe that such a policy is codified in any 'handbook' that is given to employees of a corporation/company. Until you show proof of such I would believe that you are making this up, or at least misinterpretting the written words. I just can't see---Blacks get off MLK day, Hispanics get off cinco de Mayo, Eskimos get off Nunavut day, etc....
Yes this is the anonymous internet but I did not make this up and I am not misinterpretting the written words. Send me your address and I will send you copies of the pages where it is written.
Quote: FaceI work for a tribe and there are "Native Holidays" (State and Federal Indian Day). My position is funny in that if we are not present the casino cannot be legally operated, so we are given 1 day of paid holiday per month to be used whenever (sometimes up to 3 days depending on when Thankgiving/Xmas fall). For admin employee's (the nine to fivers) they get these "Native Holidays" off same as if it was Labor Day, Memeorial Day, ect.
The only thing kind of inline with the OP is for enrolled Senecas of the Longhouse Faith. These people and these people only are granted religious leave for 10 day and 1 year feast (honoring the dead), Longhouse congregations, and other cultural events like Sundance. For those deeply involved, it amounts to 2-3 extra weeks off p/year. In this case, I believe the State has no say (sovereignty) and it is protected by the Fed through treaty. (I could be wrong, I never cared enough to challenge it) Of course, things on the rez are often quite different then the US, so this may not be apples-apples with the OP.
Thanks Face. I appreciate your insights. Do you know if the Longhouse Faith Seneca get all that time as PTO, or do they need to use accrued vacation? Also, are the non-Seneca employees given equivalent comp time?
Does anyone know what happens with employees of companies that are owned and operated by foreign corporations, or U.S. companies with operations overseas? Do the American employees of Wynn who work in Macau, get the U.S. Thanksgiving Thursday/Friday off? Do U.S. citizens who work for U.S. companies with offices in China get the Lunar New Year's as paid time off? If so, in these situations, I could see national origin playing a role in who gets PTO. However, to not compensate other employees doing the same job would be really unfair; so much so, that I would be really surprised if that is actually the case.
Quote: FleaswatterYes this is the anonymous internet but I did not make this up and I am not misinterpretting the written words. Send me your address and I will send you copies of the pages where it is written.
I'd like to see it Feaswatter. Can you attach it to a PM?
Not me. White man has been doing it for decades. People have been fired for letting another employes see their pay stub.
This unfairness exist even in union shops. Some of the biggest have a two tier schedule for workers doing the same job.
It's not personal, just business.
Quote: FleaswatterThe company I work for observes the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. All full time employees, depending upon their position, will either receive "holiday pay" or an extra day off.
In addition to these holidays, the company observes 3 other holidays but an employee will only receive a holiday benefit (holiday pay or an extra day off) is they are a member of a certain race. For example, let's say Chinese New Year was one of the "additional" holidays, only if you were Chinese would you receive holiday benefits for that day, all of the other employees would receive nothing.
Do you think that this is right? Legal?
I would say without a doubt this is totally illegal, in the USA anyways. I agree with the other poster, sounds like it actually gives "floating" holidays.
I used to work at a bank where MLK was a holiday but back-office jobs were open and you either got a different day off if you came in or got extra pay, I forget which. I used it one year to fly back east for a family-Christmas celebration as my brother was deployed and we both missed the real one. Otherwise and at other places that had the same policy, MLK was a holiday where the blacks took that day off and white folks came in for the extra money or to save the day for a day they more preferred. I always get POed that the place offered a day off for that day but George Washington's B-Day was nearly forgotten but I digress.
Expect to see more of this. We are becoming more and more divided as a nation. The next holiday being agitated for is one honoring Caesar Chavez. My guess is that eventually you will get the "big 6" holidays and a floater so you can honor whoever you like by staying home that day.
Quote: AyecarumbaThanks Face. I appreciate your insights. Do you know if the Longhouse Faith Seneca get all that time as PTO, or do they need to use accrued vacation? Also, are the non-Seneca employees given equivalent comp time?
It is neither PTO nor vacation. All employees get a certain amount of PTO and vacay time dependant on years you've been with the department. "Religious" time is seperate, in the same way bereavement is seperate. (If someone dies, you get paid time off without having to use "your" time.) And no, there is no compensation for either non-Senecas, nor Senecas who are not of that faith.
Quote: FaceIt is neither PTO nor vacation. All employees get a certain amount of PTO and vacay time dependant on years you've been with the department. "Religious" time is seperate, in the same way bereavement is seperate. (If someone dies, you get paid time off without having to use "your" time.) And no, there is no compensation for either non-Senecas, nor Senecas who are not of that faith.
Thanks Face. Wow. I wonder if folks join the Longhouse just for the PTO... There's not a requirement to be swung around a pole by hooks through your back, is there? Also, I wonder if employees of other faiths could use the "Religion" time if they wanted to (Eid-al-Fitr, Succoth, Diwali, etc.) Some festivals run for a month at a time.
While tribal nations do not enjoy direct access to U.S. courts to bring cases against states, as sovereigns they do enjoy immunity against many lawsuits,[9] unless a plaintiff is granted a waiver by the tribe or by congressional abrogation.[10] The sovereignty extends to tribal enterprises[11] and tribal casinos or gaming commissions.[12] The Indian Civil Rights Act does not allow actions against an Indian tribe in federal court for deprivation of substantive rights, except for habeas corpus proceedings.[9]
Quote: FleaswatterThe company I work for observes the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. All full time employees, depending upon their position, will either receive "holiday pay" or an extra day off.
In addition to these holidays, the company observes 3 other holidays but an employee will only receive a holiday benefit (holiday pay or an extra day off) is they are a member of a certain race. For example, let's say Chinese New Year was one of the "additional" holidays, only if you were Chinese would you receive holiday benefits for that day, all of the other employees would receive nothing.
Do you think that this is right? Legal?
There are ten Federal Holidays. The Big 6 and the Little 4. Many companies try to follow the federal government and keep the big 6, but let some leeway in shifting around the other four.
Big 6
1-Jan: New Year's Day
Last Monday of May: Memorial Day
4-Jul: Independence Day
First Monday in September: Labor Day
Fourth Thursday in November: Thanksgiving Day
25-Dec: Christmas
Little 4
Second Monday in October: Columbus Day
Third Monday in January: Martin Luther King, Jr. Day
Third Monday in February: Presidents' Day, Washington's Birthday
11-Nov: Veteran's Day
If your company gives the Big 6 plus three more dependent on racial or ethnic identity, then as an American Citizen you should be entitled to claim three of the four federal holidays regardless of your ethnicity.
I doubt that it is illegal to offer people the choice of Yom Kippur, Easter or Chinese New Year's based on self defined ethnic idenitity, but I would think it is illegal if you couldn't claim Columbus Day, President's Day, and Veteran's Day.
Quote: AyecarumbaThanks Face. Wow. I wonder if folks join the Longhouse just for the PTO... There's not a requirement to be swung around a pole by hooks through your back, is there? Also, I wonder if employees of other faiths could use the "Religion" time if they wanted to (Eid-al-Fitr, Succoth, Diwali, etc.) Some festivals run for a month at a time.
Hehe, no. All that hook and hang stuff is purely voluntary ;). One of my good friends does that, usually gets about 2 weeks off to attend, but you'd never see me dangling up there. I like time off and all, but... just no.
And no, Longhouse is the only faith allowed by the Nation for religious leave. Any other faiths, including other American Indian cultures, are not. They follow paco's Big 6 examples, but not Columbus Day (for obvious reasons) or MLK Day, and "President's Day" falls on the birthday of the Nation's president currently in office, rather than Washington.
Quote: FleaswatterNo, these are not any type of floating holidays. These are three additional holidays that only members of a certain race can receive benefits. And yes, this policy is actually written in our employee handbook this way.
Total lawsuit waiting to happen!
I wonder how they would handle a non-Chinese employee who was married to a Chinese spouse - would that person also get the day off? What about a non-Chinese employee who was adopted & raised by a Chinese family?
It sounds like possibly a smaller company. If so, one must consider the cost-benefit of raising the issue will possible retribution afterwards. It doesn't make sense to win a small victory only to be fired a few months later for a 'non-related' reason.
