Many employees believe they are entitled to holiday pay, even if they do not work on the holiday. This is not the case. In fact, neither the Fair Labor Standards Act (“FLSA”) nor most state laws, including Ohio, require a private employer to pay hourly employees for not working on holidays (federal or otherwise).

Holiday pay is typically considered a fringe benefit and is a matter of agreement between an employer and an employee (or the employee’s union representative). However, please note that this does not apply to salaried, exempt employees who get paid for holidays, even ones they do …