Can a restaurant get away with not having time and a half on holidays?

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Can a restaurant get away with not having time and a half on holidays?

Asked on November 24, 2012 under Employment Labor Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You hail from the state of Pennsylvania, correct? Most employees in Pennsylvania must be paid overtime compensation for any hours they work over 40 straight time hours per week. Overtime compensation is 1-1/2 times the employee's straight time rate of pay. Other employees may be overtime exempt because they may fall into one or more other exemptions. However, it is my understanding that Holiday Pay is not something that is written in to law in your state.  In other words, it depends on the policy of your employer.  I would contact your Department of Labor & Industry for clarification on your situation.  Good luck.



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