Consumption and Real Estate
Is it legal for an employer to not pay holiday pay and overtime wages?
Question : Is it legal for an employer to not pay holiday pay and overtime wages?
I am in health care and my new employer (not for long) doesn’t compensate if I work through my lunch break, they won’t pay OT. If you stay over for some reason or another, they call you at home the next day and say ” you can come in 30 min later”. Or if you do a double they make youtake the next day off. Which might be good for some people, but sometimes I like to work a little OT around the holidays for Xtra $ $ ! Or some people I work with they depend on OT to help out with the bills! I don’t see how this company can get away with this! No wonder the employee turnover is so high!! Plus the insurance and benefits are crap! Sorry just had to vent!
holiday home insurance
Best answer:
Answer by Barkley Hound
If you are an hourly employee then you must be paid for overtime. It can’t be compensated with time off. If you receive a salary you can be compensated with time off. There is no law about paid holidays or vacations. In California you must be given at least a 30 minute lunch break but it is unpaid. There is also a morning and afternoon 15 minute break that is paid.
The only problem is that you can report the employer and he can’t file you for that but I guarantee you will be fired for something and never get promoted. I would find another job.
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#2 written by sunshinehalo 1 year ago
Some companies pay overtime on a day by day basis, say as if you worked over 8 hours any given day. And others tally up time weekly, bi-weekly, or monthly. Whatever the case, any overtime worked by an hourly employee and not compensated for, is illegal. However, if your employer does have you work at say 40 hours per week or whatever, and that’s actually how many hours you worked, then there’s really nothing you can do. While overtime is great and helpful, if the company doesn’t need you to work more than 40 hours, why should they pay you for more than 40 hours. I see both sides of the spectrum. I’d love to get overtime, but my position isn’t needed more than 40 hours per week. Yes, sometimes these positions have a higher turnover rate because people need and want more money. That’s just how it is. You have to see your employer’s end too. If the company used up all it’s money on employee wages, they wouldn’t be much of a company and your job would eventually not exist. If you’re not satisfied with this, talk to your employer, sometimes they’ll allow a couple of extra hours a week if your situation is desperate. Show you’re willing to WORK and not just waste away their hours. I hope I helped.
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#3 written by Diana S 1 year ago
It depends on where you are. Some states require OT to be paid for anything over 8 hours in one day while others don’t require OT pay until after 40 hours for the week. No company is required to let you work OT just because you want to. All policies should be written in your employee handbook. Also holidays should also be addressed there. There are no laws requiring holiday pay. They don’t even have to let you have holidays off if the handbook doesn’t state so. Your best bet is going to be finding a job you like better. Good Luck!!
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#4 written by christina_m_taft 1 year ago
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#5 written by smokie 1 year ago
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#6 written by startwinkle05 1 year ago
Well, technically, they don’t have to LET you work overtime. If you do work overtime they have to pay you for it, but they don’t have to let you work overtime.
A LOT of places won’t let you work overtime cause they don’t want to pay OT pay. Gas stations, offices, retail stores, etc. where I have worked all would rather send you home than pay overtime.
Are you working through lunch because they made you or you chose to? They don’t have to let you work through lunch because they are required by LAW to give you a lunch break. If you don’t take it and you go back and say they MADE you work through it, they will get in trouble with the labor board.
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#7 written by anjelkake 1 year ago
It’s not about you being able to get more money. Your employer must budget it’s income and it’s payroll.
Not all employers are required to pay holiday pay. It varies from state to state. Overtime is also a closely watched commodity, being that some workers could “save up” work just for OT. They will review productivity and replace those who do this. How do I know? I’m a boss.
If you don’t like your pay or job, find another one. Jobs are scarce and you will probably be replaced promptly.
May I add to call your statel labor department or labor board for accurate information on the laws in your state and county.
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#8 written by cookiesmom 1 year ago
they are not required to do so unless it is a practice that is aready done there…in other words they cant say one week that they will pay it and then the next that they wont…they either will or they wont…the time and a half rule does apply to overtime worked but they are not required to offer overtime hours
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Your employer is NOT obligated to let you work overtime. Period. However, if you DO work over 40 hrs.in a week in a non-exempt position, then they HAVE to pay you overtime for those hours.
You cannot rely on OT as part of your salary.
An employer cannot legally have employees work 8 hours straight – there has to be at least a 30 min break, so whether you choose to continue working during your break, they will still not pay you for it.
As for holiday pay, I’m not aware that employers are obligated to offer holiday pay for working on federal holidays.
I’m sorry, but that is how it works. You just have a skewed concept of how employment works. Some employers just go the extra mile, but it is NOT a requirement.