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?
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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 8 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.
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