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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

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Attorney answers 3


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
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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.


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.