Is an employee entitled to be paid for all hours actually worked?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


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