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Texas --- Holiday + Overtime Pay Texas

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  • Texas --- Holiday + Overtime Pay Texas

    I know that employers are not required to pay anything extra for holiday hours worked, but if it is written company policy that they pay double time for hours worked on certain holidays (specific holidays listed as such in the company policy handbook), then they must pay double time for hours worked during those holidays, right?

    I also know that federal law requires time and half pay (overtime pay) for hours worked in excess of 40 hours in a work week, and companies MUST pay that.


    So, what happens when employees (non-exempt) work 50 hours during the week, and 15 of those hours also qualify for the holiday pay under the company's policy? Are the employees entitled to 10 hours of over time pay (time and a half) per federal law, PLUS 15 hours of holiday pay (double) per company policy? Shouldn't the employees get both overtime and holiday pay in this situation?

    Thank you in advance!

  • #2
    Labor law requires that you be paid 40 hours of reg & 10 of OT.

    If you were paid double for 15 hours of the week because they were worked on the holiday you are covered for the holiday pay and the OT.

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    • #3
      Thank you...

      So, even if they worked (actually WORKED) those 50 hours, they are not entitled to overtime because they are already getting holiday pay?

      The holiday double-pay is a company benefit/incentive for working holidays. There are no stipulations for the holiday pay other than working on the company's recognized holidays. You would get paid the holiday premium rate even if you only worked a few hours on the holiday, and have no other hours that week.

      So, those girls who puts in a lot of hours (WORKING 50 hours in the week) are missing out... They either miss out on part of the holiday pay or the overtime pay.. I don't think they realized this, and happily agreed to work all those hours. They looked at their company policy book, and there's a section about holiday pay, and a section about overtime pay, but there's nothing that states that they cannot get paid for both for the same work week.

      We've read that overtime hours are based on ACTUAL HOURS WORKED and even though they are getting holiday pay, they actually worked 50 hours. They were physically at work for 50 hours that week (because of crazy shopping season), and yet they don't get overtime pay? It doesn't seem right.

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      • #4
        The law says that overtime is based on hours WORKED, not on hours PAID. Federal law does not ever require that you be paid a premium for working on a holiday; there are only two states which ever require it and neither of those states is Texas. (Even in the two states that do sometimes require it, it is only required for some employees on some holidays.)

        If you were paid the equivalent of 40 hours at regular time and 10 hours at time and a half, the law will consider that you were paid correctly. Anything above that is gravy.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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