Everytime a holiday comes up on my pay period i get reg pay for all overtime work. (2weeks) Is this legal?

Question

I live in Texas.

I work 50 hours a week and dont get any overtime for the whole 2 weeks if there is 1 holiday in that 2 weeks.

Answer 1

The holiday pay doesn't count towards overtime. So if you are paid for working a holiday, and it puts you into overtime, then no, you don't get overtime pay. But if the overtime hours exceed the 8 hours holiday pay, the extra hours above and beyond 8 hours should be paid at 1.5 times your rate.

Answer 2

This is most likely legal.

If your overtime is less than 8 hours, then you will not have "WORKED" over 40 hours in the week containing a holiday day.

Since overtime rate is generally figured on hours above 40 in one standard week, (Sunday thru Saturday), then if you work for 36 hours and have an 8 hour holiday, you would not qualify for overtime pay benefit.

If you worked for 43 hours, plus your holiday, you would receive overtime rate for the 3 extra hours above 40 that you worked.

Sucks - but that's how it is. Unless Texas has some goofy non-conventional law about it (And considering Shrub-boy and family own that state, I doubt it.)

Answer 3

Under federal law, a non-exempt (or hourly) employee becomes eligible for overtime pay after he or she has worked 40 hours in one week.

Say you have a basic 40-hour, 8-hours-per-day work week. Monday is a holiday, so you have the day off. To make up for the lost time, you work 10 hours a day on the other four days.

If you're an hourly employee, you'll receive 40 hours of straight time pay for the time you worked, plus 8 hours of straight time pay for the holiday. You won't get the overtime rate because you didn't actually work on the holiday.

Management-level employees (and certain others) are considered exempt from overtime pay. Generally, they're referred to as salaried employees. If you're in that category, you'll just receive pay for 40 hours, no matter how many hours you work.

Answer 4

Depends on your employment contract - contact your payroll group.

I've worked for different employers & 1 paid time & half for overtime, another paid NOTHING for overtime & my current employer pays regular time for O/T.

But I would suspect if you get a different rate most of the time, but it changes during a pay period with a holida in it, that maybe somethings wrong.

If you can't get satisfaction from the payroll group - tell your boss you aren't going to work O/T during a period with a holiday in it, as you aren't getting paid enough - after they finish yelling, explain & see if they'll help.

But to answer one part of your question - everything is legal, if it was in your employment contract/offer of work & you agreed to it.

Answer 5

Of couse it is if you are coming in under 40 hours (which I am bettin you are). You are off for the holiday - those 8 hours are not included into your worked hours for the purposes of calculating overtime hours.

Answer 6

George Bush has worked hard to screw us all paywise. Bush sheparded a bill through that removed many workers from overtime pay regulations by declaring many of them 'supervisors.' Has this happened to you? If so, you're lucky to get any pay for overtime; bush's law makes it so you don't have to get paid for your overtime at all, if you're 'a supervisor.'

Answer 7

are you salary? if yes then no overtime at all.
But you should be getting overtime for your 10 hrs over 40

Answer 8

part time/full time?
on the books/off?
you have a hand book for your company? Ask for one and read up on it....also...All companys/states are different. You might be better helped to go talk to the human resources department of your own company. If it turns out you are right...you are owed all that back pay...SO KEEP TRACK!

Answer 9

you have to ask Bush about it.