All employees are inherently non-exempt until/unless the employer can support an exception. If you are Exempt (not yet determined), so far based on what you have said, it sounds like the Administrative exception. Which is not impossible, but that is a hard exception for the employer to support. Aside from the basic rules (see below), DOL (generally state) looks at how they have classified similar jobs in the past,
http://www.dol.gov/whd/regs/complian...nistrative.htm
Like CBG, assuming you are indeed Exempt Salaried under one of the White Collar exceptions, and subject to the 29 CFR 541.602 Salaried Basis rules, then I have some problems with the employer paying holidays for some Exempt Salaried employees and not others. That is not supported under 541.602. I am not saying that this is a sure thing, but if you were to file a wage claim for a 541.602 violation, I like your chances. Whether you should rock this particular boat while still an employee is yet another issue. The big issue is not the holiday pay per se, but rather the Exempt status and unpaid overtime. However strong the employer's case is for the Administrative Exempt classification playing games with the 541.602 rules weaken that case. My main reaction is the employer is an idiot to open that door.
http://www.ecfr.gov/cgi-bin/text-idx...e29.3.541_1602

