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What can i do if my employer doesn't pay overtime for holidays worked?

Houston, TX |

asked my manager if they would pay me overtime for the holiday that i worked and got a response of no

Attorney Answers 3


  1. Barring certain exceptions/exemptions, employers are required to pay overtime when an employee works in excess of 40 hours within a 7-day span. Generally, there is not a legal obligation which requires employers to pay overtime simply for working on a holiday (assuming the employee is not otherwise working in excess of 40 hours in a week).

    Judd G. Millman
    LUCHANSKY LAW
    606 Bosley Avenue, Suite 3B
    Towson, Maryland 21204
    Telephone: (410) 522-1020
    Facsimile: (410) 522-1021

    www.employmentattorneymd.com

    The answer/response provided above is based solely on the extremely limited facts provided by the person posing the question, and the advice given or proper course of action recommended might change significantly with the introduction of other facts. Accordingly, the above answer/response is for informational purposes only and does not constitute legal advice and all who read it should not rely on the answer as legal advice or allow it to govern their conduct. The answer should not be construed as creating any type of attorney-client relationship. Attorney-client relationships can only be formed through the mutual execution of an attorney-client agreement. You are highly encouraged to arrange a meeting with competent legal counsel in order to disclose and discuss all relevant facts surrounding your situation. This answer is intended for Maryland or Texas residents only. The answering party is only licensed to practice in the States of Maryland and Texas.


  2. Whether or not you are entitled to overtime compensation would require a more detailed analysis of your duties and your method of compensation. If you are a non-exempt employee you are entitled to overtime compensation for hours worked in excess of 40 in a workweek. There is nothing in the federal law that requires overtime payment for work on the holidays.

    You may want to consult with an attorney who specializes in wage and hour issues to get an analysis of your particular situation.


  3. The other two attorneys are correct. If you are a non exempt employee, your employer owes overtime for the hours you work over 40. However, they don't owe you overtime just because you work a holiday unless that is in your contract, the employee handbook or some other binding document.

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