Federal & State Law
The Department of Labor oversees the rights of employees in the workplace. The federal law, The Fair Labor Standards Act (FLSA) does not require employers to pay employees for time not worked, such as holidays or vacations. That’s considered an agreement of employment when the person is hired.
The State of Florida has the same policy and has no separate law requiring holiday or vacation leave. It’s an option/benefit that is agreed upon by the individual or perhaps a collective bargaining agreement.
The Important Details of Holiday Overtime Pay
Under the FLSA, if an employer does choose to offer holiday pay, they do not have to count that time toward the calculation of hours worked to determine whether you worked more than forty hours in a work week for purposes of calculating overtime pay.
For example, if your employer has a policy that employees are paid 8 hours of holiday pay for Christmas Eve, and you are called in to work and you work Christmas Eve — those 8 hours you are paid “holiday pay” do not count as additional hours worked for purposes of calculating your hours worked for the week but the hours you actually work do count toward calculating hours worked for overtime pay. So, if the fact you worked Christmas Eve brings you up to 40 hours that week, you will not receive overtime pay for that week. The 8 hours of “holiday pay” also reported on your paystub was extra but was not pay for hours worked. If, however, you actually worked 48 hours that week because you picked up and extra shift- on Christmas Eve- you will be owed overtime time pay for the 8 hours over 40 that you worked (and you will keep your holiday pay if the employer offers that additional benefit to employees at your regular rate of pay).
To boil it down to the basics, overtime holiday pay is only required by law if you actually worked more than 40 hours within the time frame of one week. If you have worked more than 40 hours in a week during Thanksgiving, Christmas, or other paid holidays and haven’t been paid appropriately (there are some restrictions), then you should consult with an overtime lawyer to see if you have a case.
Employee Rights Lawyers Help Recover Unpaid Overtime
It is not uncommon for employers to try to get out of paying legitimate overtime. It happens in many industries including retail, hospitality, supply chain/shipping, and many more. Whether it is actual overtime holiday pay or overtime pay during any other time of the year, know that you have legal rights to get paid what you are owed — and deserve legal representation to hold your employer accountable.
At Wenzel Fenton Cabassa, P.A., our employment and labor law attorneys are experienced in wage and hour violations for employees. We tackle any workplace violation aggressively and with you, and your family, in mind.
Do you believe you’ve been denied wages you are entitled to for overtime holiday pay or overtime during other times of the year? We are experienced in recovering unpaid wages, as well as other employment law areas including protecting employees from workplace discrimination, wrongful termination, retaliation, hostile work environment and much more. Our dedicated attorneys understand how stressful unlawful activities in the workplace can be — and we’re here to help.
Other Overtime and FLSA articles: