Is it illegal not to receive time and a half for holidays that are worked?

I work for an agency where I make my own schedule and hours, as long as my weekly hours ad up to 32 hours a week. I notice that I work every holiday and I never get paid time and a half for working the holiday such as christmas. Is this legal? I don't want to ask human resources and rock the boat. Does anyone know about this?

9 Answers

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  • Anonymous
    7 years ago

    Every company I have worked for paid double time for working a holiday recognized by the company with a stipulation that I had to work the working day before the holiday and the working day after the holiday. Time and a half is required by law to be paid after 40 hours a week.

  • 7 years ago

    There is no law in the U.S. that requires extra pay for holidays or weekends, or that requires employers to give employees the day off for holidays or weekends. There is no law that employers have to pay you vacation or sick days either. Many employers do, but there is no law requiring that.

    The federal overtime law says that you must pay time and a half for hours over 40 worked in a week.

    Also California has a law that requires time and a half for hours over 8 worked in a day, and double time for hours over 12 worked in a day.

    Source(s): I'm a former payroll clerk in California.
  • 7 years ago

    There are no laws in any state that require a company to pay employees anything extra for working a holiday, it is totally up to the company or contract that was agreed upon

    So here is a clue, don't schedule yourself on holidays anymore, but be advised they don't have to pay you anything if you do not work

  • 7 years ago

    Absolutely not illegal. Time and half holiday pay is strictly an incentive given by some employers to make working the holiday more bearable.

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  • Anonymous
    7 years ago

    No, it's legal. Holiday pay is the company's choice. But overtime is what has to be at least 1.5x pay. So they can always pay you regular rate if you never work more than 40 hours a week.

  • Jan
    Lv 7
    7 years ago

    Perfectly legal. An employer is not required to pay you extra on a holiday.

  • Anonymous
    7 years ago

    "I make my own schedule and hours"

    So you mean "I choose to work holidays." In fact, you could choose to not work those days.

    No company has to pay holiday pay, unless they've previously agreed to pay it.

  • 7 years ago

    You made you own schedule so you should make your contract if you want extra pay.

  • Jason
    Lv 7
    7 years ago

    depends on where you are and what legal docs apply to your employment

    what you got?

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