I’m not getting paid for hours worked because they’re considered holiday pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I’m not getting paid for hours worked because they’re considered holiday pay?
Hello,
So I just got off the phone with my
work which is a major company. I worked
9 hours on labor day this week and am
scheduled to work over my standard 40
hours. They don’t want me to work
overtime so they told me my 8 hours of
holiday pay doesn’t count towards hours
worked this week and I won’t get paid
overtime, just holiday pay. Is that
legal even if the holiday falls under
my 40 hours worked this week AND I
worked over 40 hours? Please help, this
is terribly disconcerting. Thanks,
Josiah
Asked on September 9, 2016 under Employment Labor Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Holiday pay does not count towards overtime--only hours spent actually working does. But working on a holiday *does count*--it's only getting paid for not working that does not. So, say you work 36 hours Tuesday to Friday and get paid 8 hours Monday for not working, because it's a holiday: you get 44 hours of base or straight pay, not overtime. But if you actually worked, say, 9 hours on Monday (plus 36 hours total the rest of the week), then even though Monday was a holiday, you are owed 40 hours base pay and 5 hours overtime.
If your employer will not pay your overtime when you are owed it, you could file a wage and hour complaint with the state department of labor; however, since filing a complaint against your employer is a fairly drastic step, it is not clear that doing so for a few hours of overtime is worthwhile.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.