Am I supposed to be receiving overtime pay from my employer since I have worked over 40 hours in a work week, and for holidays as well?

Get Legal Help Today

 Secured with SHA-256 Encryption

Am I supposed to be receiving overtime pay from my employer since I have worked over 40 hours in a work week, and for holidays as well?

Asked on July 3, 2015 under Employment Labor Law, Minnesota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First of all, holiday pay is a discretionary benefit. This means that an employer is not legally required to provide it. So unless you have an employment contract or union agreement to the contray, or your treatment is a result of actionable discrimination, your employer's not giving holiday pay is legal.

As for overtime pay, if you are an "non-exempt" employee you are entitle to 1 1/2 times your hourly rat for any hours over 40 that you work in a week (some states it for any hours over 8 in a day). If you are an "exempt" employee, then overtime laws do not apply to you.

As a general rule, exempt employees are those whose duties can be classified as executive, professional or administrative. Non-exempt are those whodutied arenot so classified and who typically paid hourly (although some salaried workers also qualify). For more information, you can check at the US Department of Labor's website or contact your state's labor department.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption