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Do employers have to provide the day off for Labor Day?

While most private employers give at least some of their employees time off on Labor Day, many people are surprised to learn that, generally, there is no legal obligation to give employees any holidays off.

Most government employees will have the first Monday in September off, although some, such as police, firefighters, and other first responders, may have to work that day. Many private businesses close on Labor Day, while many others remain open or even extend their hours for special events. This can include retail businesses, restaurants, hospitals, utilities, or private security. In both public and private sectors, some jobs just do not get holidays off.

Do employees get extra pay for working on Labor Day?

Many private employers pay extra, such as time-and-a-half, for work on holidays, but there is no federal law requiring it. Private employers are also not required to provide holiday pay to employees who have the day off. A handful of state and local laws, however, do require private employers to provide extra pay for employees who work on holidays.

The rules are different for government employees. Almost all receive pay for holidays when they are not required to work. Most cities, counties, or states, will offer premium pay, or time-and-a-half, to those who must work those days.

Are Labor Day and other federal holidays considered business days?

No, but it can be complicated. The general rule is if an official deadline falls on a weekend or a federal holiday observance, then it moves to the next business day after that. This includes deadlines to file a document with a court, pay a traffic ticket or fine, and also applies to services that measure time in business days, like postal delivery. Businesses that are open on federal holidays may set their own policies though, so you still need to be mindful about payments, or other obligations, that are due on holidays.

In the legal context, for example, suppose a person receives a speeding ticket. They have 30 days to pay the fine or contest the ticket, but the 30th day falls on Labor Day when the court will be closed. When this happens, the deadline moves to the Tuesday immediately following Labor Day. Please note, however, that different jurisdictions, and sometimes particular judges, may have different rules. If you think that a court deadline might fall on a holiday, you should check with a court clerk or ask a lawyer how to proceed, just to be safe.

What happens if a person is arrested over Labor Day weekend or another three-day weekend?

Once police have arrested someone, that person is legally entitled to a hearing before a judge, known as an arraignment, within a specific period of time, usually 24-48 hours. At an arraignment, the state formally charges a person with a crime and the defendant has the opportunity to request bail.

Weekends and holidays can change the timeline of an arraignment, since the courts are not open on Saturdays, Sundays, or holidays. Some cities and counties have a judge on duty to hear arraignments after hours and on weekends. If for some reason no judge is available, it could be possible for a court to hold a person from Friday night to Tuesday morning due to the holiday.

Is it legal to take a rental car across state lines?

It is legal to drive a rental car to another state, but many rental agreements limit where renters can drive rental cars. Rental companies may impose extra fees for driving across state or international borders, or for other things listed in the rental agreement. Additionally, it is important to ensure that your car insurance will cover you while driving in another state as most require some form of insurance.

Can I be excluded from an activity if I refuse to sign a liability waiver?

Private businesses that host activities can set almost any restriction that they want on who may participate. They cannot discriminate, but they can require anyone who wants to participate in an activity to sign a Release of Liability. If you are concerned about getting injured, asking about the safety precautions and track record of injuries could help ease those anxieties, or confirm that an activity may be too risky for you. Generally, a Release of Liability will hold up in court absent extraordinary circumstances.

To learn more about your options over the Labor Day weekend, download the Rocket Lawyer Mobile App or contact a Rocket Lawyer On Call® attorney today.

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.


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