sunnyone68
01-04-2008, 08:33 PM
If two unworked days will be paid as earned holidays (16 hrs) and I worked the other three days (24 hrs), what happens if I work anything over the actual "worked" 24 hrs? I realize it doesn't qualify as OT at time and a half, but should it be paid as extra straight time or nothing at all?
Thank you for your help.
Assuming that we are talking about Non-Exempt employees, then under federal law, the employees must be paid for hours worked, period. There is no federal rule that Non-Exempt employees need to be paid for holiday, ever. Florida has very little in the way of state law, and follows the federal rules in most things (other then a higher then federal minimum wage).
So when employers pay holiday to Non-Exempt employee, this is not a governmental imposed legal requirement, but rather the company just following rules that THEY created. It is possible for a company to violate their own holiday rules in such a way to provide legal recourse to employees, but this is far from certain, especially in a state like Florida.
So could the employer's action you describe be actionable in some fashion. A possibility, but a prerequiste would pretty much be having a very stupid person write your employer's holiday policy.
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Exempt Salaried employees and holiday pay is complicated. While there is no legal requirement that holidays per se be paid, there are federally imposed docking restrictions on the salary which makes unpaid holidays of less then one workweek functionally prohibitted.