View Full Version : Variable Rate Overtime And Holiday Pay...

11-29-2004, 07:56 PM
I work for a construction rental company in Virginia. My company considers my position salaried non exempt. After 40 hours I am paid variable rate overtime. If I make $1000 per 40 hours a week salary and work 10 hours of overtime my pay will be calculated as follows: ($1000/50 hours=$20.00) ($20.00/2=$10.00) ($10.00 x 10 hours overtime= $100) So, my gross pay would be $1000 salary + $100 overtime.

Now here's what I think is unfair. For the week of Thanksgiving I worked 44 physical hours in four days (we were closed Thanksgiving day). I will be paid 32 regular hours, 8 hours holiday pay and 4 hours variable rate overtime. I feel like I should be paid 40 regular hours, 8 hours holiday pay and 4 hours variable rate overtime. How can they take away 8 hours of actual physical time worked and replace them with holiday pay???

11-29-2004, 09:47 PM
Does your company grant holiday pay? It is not required. If your employer doesn't give holiday pay to its employees, then you should have received 40 hours of regular pay and 4 hours of overtime. In that case, you were paid correctly. If your employer does give you holiday pay, then you are correct, you have been shorted in your pay.

Let me know if you have any other questions.

11-30-2004, 03:43 AM
Yes, our employee handbook states we get 7 paid holidays per year. When I have raised this issue with our corporate office they tell me I am a salaried employee and salary incorporates everything including holiday pay. I don't know how to go about fighting this battle. There are over 600 people in my position company wide so they are saving a nice chunk of money yearly by not paying us.

11-30-2004, 04:29 PM
i'd say if your employer has paid you the way you think it should be calculated on a previous holiday ( july 4th, memorial day, veteran's day etc.), approach them with that week's paystub, and ask why it was done differently this time? i'm no law expert, but i believe there is common practice procedures that state's usually look at when filing greivances, so i would be looking at my past pay stub's, to see what the company did in those situations? if this is the first time that they operated this way when it comes to company pay, then you should definately approach your supervisor in a discreet manner to see what their reaction will be, rather than making it a company wide issue out in the open, but the first step i would take is to look at my past paystub's to see if the procedure taken is a first time thing, if not, then talk to the supervisor and see why the procedure is different now, and ask why no employee was notified of the change in procedure.

but from what you posted, if you actually worked the time, 44 hours, and then had a holiday, if your employer has paid holidays, you should very well have 1.actual time worked pay, 2. variable overtime worked pay, and 3. holiday pay. on your paycheck.

i hope it works out for you.

11-30-2004, 04:51 PM
One time they did pay me holiday pay but later notified me that they had made a mistake and deducted the amount from future pay checks. I guess what I'm searching for is what possible DOL regulation are they basing their decision on not to pay me for physical hours 33 thru 40 in weeks that include holiday pay?

11-30-2004, 06:17 PM
It is strange that they say that you are salaried and yet you receive overtime. Does that mean that they consider you salaried non-exempt? It is contradictory to say that they won't count your holiday hours and yet they will count the hours for holidays. With that said, you won't find a law or regulation that says that they can or can't withhold holiday pay for persons working on the day. If there isn't a law against it, your employer can do it.

12-01-2004, 05:09 PM
Yes, my position is considered salary non exempt. Please help me to understand exactly what that means and how overtime pay factors in.

12-01-2004, 09:29 PM
A salaried non-exempt status means that you must be paid similar to an exempt person, where deductions for partial days are not permitted, with one major exemption...that is, you must receive overtime pay. Overtime is paid ona half-time basis, rather than time and a half. You can read more about it at: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_778/29CFR778.114.htm

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