Is a law without an enforcement mechanism really a law? This past Memorial Day weekend, we scheduled a barbecue for the holiday Monday. We couldn’t really invite anyone until the last minute, however, because my girlfriend wasn’t sure she wouldn’t have to work. Turned out several of my friends ended up working on “Memorial Day Monday.” Some had jobs that required them to, but “compensated” by paying double pay. Others, including several attorney friends, simply had so much to do on the following Tuesday or Wednesday they simply felt they had to go into the office “at least for a couple hours.” Others were simply so far behind, that a day without new work flowing in presented too good of an opportunity to catch up.
Those of us who ended up actually taking off the holiday Monday fell into a conversation about our missing brethren and sistren. (I know that’s probably not a word, but I like it.) In so doing, we acknowledged the many holidays that we ourselves had missed for work over the years. After a few hot dogs, hamburgers and brats, and a few too many beers, it also brought up a long overdue debate on a very serious question – what exactly is a federal holiday?
If the federal government declares a day to be a non-workday in celebration, memoriam or observance of some person, concept or event, how come people are allowed to work on it? Shouldn’t they be arrested, or something? Shouldn’t there be a fine? Why has it become acceptable to simply pay time and a half or double wages as an excuse to compel an employee to work on a holiday? Why is there no mechanism in place to force us to take a day off, despite ourselves. We Americans are a competitive lot. I once knew a lawyer who quite seriously remarked that he loved it when a trial started the day after Christmas, because he figured he’d be working on Christmas and the other side wouldn’t be. The European concept of vacation is literally a month in which all but support and tourism industries shut down – by legal mandate. We scoff at such a concept and call them lazy.
In fact, many who read this column will undoubtedly conclude that this writer has lost his edge, dedication, enthusiasm, or perhaps even love of the law. To openly advocate taking time off instead of pushing to the edge in a public writing has been known to be career damaging. Yet, I say, don’t blame me. I am just a lowly lawyer, observing a widespread failure to observe the law.
If we were not supposed to literally take federal holidays off, Congresses would not have passed the laws, and presidents would not have signed them. To me, the choice is simple. We either need to repeal the laws establishing national holidays, or we need to enforce them.
At least then I wouldn’t feel as guilty heading to the winery…..
©2012 under analysis llc. Under analysis is a syndicated column of the Levison Group. Charles Kramer is a principal of the St Louis-based law firm, Riezman Berger, PC. You may send comments or criticisms or comments to the Levison Group c /o this newspaper or direct to comments@levisongroup.com.