Can employers not pay holiday pay if you also worked overtime?

UPDATED: Oct 1, 2022

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Can employers not pay holiday pay if you also worked overtime?

My employer provides holiday pay on national holidays. So if I work a day of a holiday I get time and a half. If i work over 40 hours in a work week I get time and a half for any hrs worked over 40. However, if I happen to work the day of a holiday and did overtime that week they do not pay both the holiday and OT, they only pay for the OT. Is this legal?

Asked on February 26, 2018 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Holiday pay is not required by law, unlike overtime: it is voluntary for an employer to provide holiday pay. Since it voluntary for the employer to pay holiday pay, the employer can also decide when to *not* pay it, such as not paying it and overtime both. (And since the O/T is required by law, that's the one they must pay.)

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