Can my employer not pay me for 8 hours of actual work on a holiday week because I received 8 hours of holiday pay?

UPDATED: Oct 1, 2022

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Can my employer not pay me for 8 hours of actual work on a holiday week because I received 8 hours of holiday pay?

I am an exempt salaried employee, I have to clock in an out like an hourly

employee. The week of Labor Day I worked Tuesday through Friday, clocked in and out each day and worked over 40 hours. Now my employer says they are

saving those 8 hours for me to use later for a day off that I previously would

have had as a paid day off anyway the Friday after Thanksgiving. I would

just like to know if this is legal for them to do?

Asked on October 11, 2018 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First, if you have to clock in and out, you are not exempt if they base your pay on that: salaried employees are paid the same amount for any day they work, regardless of hours worked. (Salaried hours may be tracked to bill clients for projects, to evaluate output or throughput, etc., but not for pay.) If your hours go into determining your pay, you are hourly, not salaried; and if hourly, you are not exempt and  must paid overtime when working more than 40 hours in a week.
Second, if you were hourly--if your employer is tracking your hours for pay purposes, as your employer seems to be doing--you must be paid for all hours worked for the week you worked them; they can't be saved for later. The employer does not have to count holiday pay for overtime purposes, so if you have 8 holiday hours from Monday and worked, say, 40 hours Tues - Friday, you would get 48 hours of straight pay for that week, not 40 hours staight pay and 8 hours overtime.
Third, if your employer is not actually basing your pay on hours worked, so you should be treated still as a salaried employee, you must get your daily salary (1/5 your weekly salary) for each of Tuesday through Thursday and whatever holiday pay your employer was giving you for Monday. Again, your employer cannot save any days for later: salaried employees are paid for all days worked and for holidays as per company policy for *that* week, without time being "banked" for later.

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 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.

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