Is Overtime Pay Required for Holiday, Weekend or Night Work?
By Thomas Ricotta on February 19th, 2018 in In The News
If you’re an employee or employer, it’s a good idea to understand overtime laws. Overtime laws can be confusing for workers. Some people don’t think they’re entitled to receive overtime pay, while others think they are eligible for it simply by working on the weekends or in the evenings.
Under the Fair Labor Standards Act (FLSA), there are no overtime laws requiring extra pay for working on evenings, weekends or holidays. In the eyes of federal law, a holiday—even Thanksgiving or Christmas—is considered just another business day and is paid at the regular rate. The law does not require the employer to pay employees extra for working on major holidays. The same goes for evenings or weekends.
Extra pay for working during these times is at the discretion of the employer. Employers have the right to pay employees extra for holidays and weekends if they desire. This would need to be outlined in individual employment agreements. However, overtime pay or any other form of extra pay is not mandatory. It is important, however, for employers and employees to know when overtime pay is required so that the law is not violated.
When is Overtime Pay Required?
Nonexempt employees who work more than 40 hours in a week are eligible for overtime pay. This includes both part-time and full-time workers. Exempt workers—those who work in an executive, administrative and professional occupations—are not eligible to receive overtime pay.
Overtime pay applies when you work more than 40 hours in a work week. A work week consists of seven consecutive days totaling 168 hours. A work week can be Sunday through Saturday, Monday through Sunday, Saturday through Friday or any other seven-day period.
Hours worked cannot be averaged to avoid paying overtime. For example, if an employee is paid every two weeks, and has 30 hours one week and 50 hours another week, the average of 40 hours a week cannot be applied. Overtime pay applies on a weekly basis only. You do not receive overtime pay for working more than eight hours in one day.
Overtime is paid at a rate of 1.5 times the employee’s usual hourly rate. This means that a worker earning $12 an hour would be paid $18 an hour when working overtime. There are no laws requiring double time pay. If double time pay applies, it will be outlined in an agreement with your employer.
Contact New York Unpaid Wages Attorneys
Overtime laws can be complicated, and you may not be entitled to the pay you expect to receive. On the other hand, you may have thousands of dollars of unpaid overtime wages that your employer hasn’t paid you. Make sure you seek legal help, so you fully understand your rights to fair wages.
Do you believe you are entitled to overtime wages? If so, the experienced lawyers at Ricotta & Marks, P.C. can assess your case. We are prepared to help you receive retroactive pay for overtime wages. To schedule a consultation, contact our firm at (347) 464-8694.