My employer is not paying me the holiday over time pay they said they would

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My employer is not paying me the holiday over time pay they said they would

My job communicated to us that we would
receive holiday over time pay for hours
worked on Christmas day and new years day and
I did not receive that holiday over time pay
for my hours that I worked , when I called my
hr contact center after I seen my pay was
missing I was informed that it was just a
normal pay day but there is clear
communication on our employre resource page
that says otherwise what can I do?

Asked on January 7, 2017 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

IF 1) there was a clear communication, made (ideally in writing; e.g. on the employee resource page--and note: if you haven't already, take a "screen shot" of it so you have the record, even if they change the page) before you signed up to work on the holiday that you'd get holiday overtime pay, AND 2) it was voluntary to work on the holiday, so you chose to do so when you did not have to, then you could theoretically sue for the money (e.g. in small claims court), for "breach of contract"--for violating the agreement that you'd receive holiday pay in exchange for agreeing to work on the holiday. (The reason I say "theoretically" is that suing your employer is, as you can imagine, a drastic step, and you may wish to consider whether it is worth suing for the amount of overtime in question.)
However, if you had no choice but were required to work the holiday, then there was no enforceable contract or agreemet to pay you overtime; for there to be an enforceable agreement, there must be "consideration," or something you give them in exchange for getting holiday pay. If you freely chose to work the holiday and could have refused to do so, then working when you did not need to was the consideration. But you had to work no matter what, there was no consideration given for holiday pay--you'd work whether you were promised the pay or not. So in this case, there is no enforceable agreement and you have no legal claim for the money.


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