Can a Business Stay Open On a Legal Holiday?

Full question:

Does a legal holiday mean that a business must close for the day? Are there any special requirements if a business is open on those days.

  • Category: Employment
  • Date:
  • State: Pennsylvania

Answer:

The answer will depend on the type of holiday and business. For example, it may be allowed to have a ban on liquor sales, or a federal employee might be prevented from being forced to work on a federal holiday. In some states certain holidays are subject to laws which restrict the type of work that may be performed as well as the kind of business and commercial activities that may remain open. Retail establishments may not be required to observe certain holidays, or may be required to pay employees overtime payment for working on a holiday.

Constitutionally, there are no "national holidays" in the United States because Congress only has authority to create holidays for federal institutions (including federally owned properties) and employees, and for the District of Columbia. Instead, there are federal holidays, state holidays, city holidays, and so on.

Federal law (5 U.S.C. 6103) establishes the following public holidays for federal employees:

http://www.law.cornell.edu/uscode/5/6103.html

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

No, businesses are not required to close on federal holidays. While federal employees may have the day off, private businesses can choose to remain open. However, if they do operate, they may need to pay employees overtime for working on that day.