Are they staying open because there's marketing value in being open on a holiday, or because there's business as usual money to be made. If it's not for some extra marketing purposes, this just lays bare how much more money they could be paying folks and still remain profitable.
Overtime and holiday pay was meant to disincentivize manufacturing companies from overworking their people and not letting them spend time doing frivolous things like being with family on holidays. The difference between the cost of labor and the value of labor was so small back then (after decades of negotiating, union action, and bloodshed) that a simple 1.5x was enough to disincentivize it under most circumstances. It's so vast now for the service industry that they are willing to pay 2.5 times as much.
At what point do we consider a carjacking over? The violence of the action was ongoing. If this was their house, the person is still invading.
I'm aware of the letter of the law, I'm arguing spirit. I'm also ok with the idea that a civil society with a working justice system should discourage people from such actions. We're not really living in that sort of system right now, especially if we're talking about poor areas and marginalized groups. Might be a good idea for us to debate this shit as the populations underserved by our justice system keeps growing, and evidence that the US justice system exists only to protect the rich keeps piling up.