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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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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