Is an employee entitled to be paid for all hours actually worked?
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Is an employee entitled to be paid for all hours actually worked?
I work a normally 40 hour week. If there is a public holiday such as July 4th is an employer within their rights to pay me for 32 hours. I worked 39 hours but got paid for 32.
Asked on July 25, 2011 Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you are an hourly employee, the employer's only obligation is to pay you for all hours actually worked. Many employers will make public or national holidays into paid holidays for their staff and pay them, but if they do, this is voluntary; the law does not require an employer to provide paid holidays. Similarly, while a salaried employee is normally paid his or her weekly salary regardless of hours worked, once of the exceptions is a holiday--since a whole day is missed, the employer does not need to pay for that day unless it chooses. Note that if you are a non-exempt employee (get overtime), even if you get a paid holiday, holiday pay does not count for overtime calculations.
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