though it might be weak...that doesnt support your claim that it was a federal lawMm, I'm not really in to this argue at all costs kind of thing, and never have been and just don't feel good when i get in to these kind of discussions with people I like....
mandatory overtime pay, for over the 40 hours is what costs the employer....surely you can recognize such, when before the 40 hour work week it did not cost employers the overtime pay. And if they don't want to pay overtime yet the hours still needed and they hire an additional employee to cover the hours they need at regular pay, it still costs the employer money to hire the additional worker, training hours alone costs them, plus an additional person to pay unemployment insurance on, an additional person to pay health insurance for, etc....the 40 hour work week cost employers a bundle when it came in to effect.
and please don't even suggest that I have not been in the working world and am clueless as you did...I am a business person, primarily retail and whole sale and know quite a bit about it....not everything, but quite a bit with my 25 years of experience in it...
so, after I post this and give you a link you requested for one of the States that I lived in as proof of what I have said regarding holiday pay, I'm not going to go any farther on this than I have and you will just have to do your own research on it if you really want to learn more.
Overview
The Massachusetts Blue Laws
(Revised 7/21/05)
The guide below is provided for general informational purposes to help both employees and employers understand the law in this area. The Massachusetts Blue Laws are enforced by the Office of the Attorney General. If you have questions about possible violations of these laws, please contact the Attorney General's Fair Labor Division at 617-727-3465.
If you have questions about statewide approval of local permits for holiday openings, please contact the Division of Occupational Safety's Minimum Wage Program at 617-626-6952.
SUNDAYS
A. RETAIL ESTABLISHMENTS
Due to a change in the laws that was made in 1994, retailers are no longer restricted to opening at 12:00 noon and may open at any time on Sundays without the need for approval by the Department of Labor, and without the need for a local police permit. M.G.L. c. 136, §16.
M.G.L. Chapter 136, §6 contains exemptions from Blue Law restrictions for certain retail and non-retail businesses. If a business falls within one of these exemptions, the following restrictions do not apply. Otherwise, any retail establishment which operates on Sundays is subject to the following two restrictions:
1. Time and One-Half Pay
Retailers that employ more than seven (7) persons, including the owner, are required to compensate employees who work on Sundays, except for bona fide executive, administrative and professional employees, at a rate of pay not less than one and one-half times their regular rate.
2. Voluntariness of Employment
Regardless of the number of employees, retailers cannot require employees to work on Sunday, and an employee's refusal to work may not be grounds for discrimination, dismissal, discharge, reduction in hours, or any other penalty.
B. NON-RETAIL ESTABLISHMENTS
Unless a non-retail business falls within one of the exemptions in M.G.L. Chapter 136, §6 it is not allowed to operate on Sundays. However, for all businesses, a permit for work on Sundays may be issued by the police chief of the city or town where the business is located. A permit may be issued only for "necessary work or labor which could not be performed on any other day without serious suffering, loss, damage or public inconvenience, or which could not be performed on any other day without delay to military defense work." M.G.L. c. 136, §7. Additionally, pursuant to M.G.L. c. 149, §51A, manufacturers may petition the Attorney General for a temporary exemption from the Sunday work restriction.
HOLIDAYS
If a retail or non-retail business falls within one of the exemptions in Chapter 136, it may operate on holidays. However, if the non-retail business is a factory or mill, employees may not be required to work on legal holidays pursuant to M.G.L. 149, § 45 unless the work is "absolutely necessary and can be legally performed on Sunday." (*See manufacturers note below under non-retail) Therefore, manufacturing employees must voluntarily agree to work . Otherwise, the following rules apply:
A. RETAIL ESTABLISHMENTS
Unrestricted Holidays:
Work may be performed without a permit. Time and one-half pay and voluntariness of employment requirements do not apply.
Martin Luther King Day
President's Day
Evacuation Day
Patriots' Day
Bunker Hill Day
Partially Restricted Holidays:
Work may be performed without a permit. Time and one-half pay and voluntariness of employment requirements do apply.
New Year's Day
Memorial Day
Independence Day
Labor Day
Columbus Day after 12:00 noon
Veterans' Day after 1:00 p.m.
Restricted Holidays:
Work may be performed only with a local police permit and approval by the State's Division of Occupational Safety.
Columbus Day before 12:00 noon*
Veterans' Day before 1:00 p.m.*
Thanksgiving Day
Christmas Day
* If a permit is granted, time and one-half pay and voluntariness of employment requirements do apply.
continued at:
Overview
thats a Mass STATE law
my argument is that if it were unconstitutional, then the states would not be able to do it.
Nothing in the constitution prohibits the States from doing this....
and every state does it, with their own rules....