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4 Day Work Week/Holiday Overtime Pay

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  • 4 Day Work Week/Holiday Overtime Pay

    I am looking for ammunition to support an argument against what I believe to be an “unfair practice”.

    I understand that Federal regulations regarding overtime pay are based on a 40 hour work week.

    I am a non-exempt permanent employee of a private Arizona corporation.
    I am in the minority in my department who work a regular schedule of four 10-hour days.
    The majority of the staff works five 8-hour days.
    All of us do the same work and carry the same job titles.

    Here is the official policy excerpt from our Employee Handbook:
    “Any employee required to work on a company-recognized holiday will, at Company discretion, either be given another day off within a one-week period, either before or after the recognized holiday, or will be paid time and one-half in addition to the regular holiday pay.”

    When one of my regularly scheduled work days falls on a company observed holiday, I work 10 hours and am paid 8 overtime hours. Those employees who work a five day week and work 8 hours on a holiday are also paid 8 hours of overtime.
    Should I be one of the fortunate few who are allowed a holiday off, I will be paid 8 hours for that holiday and 38 hours for that week unless I “make up” the 2 hours that week.
    If I am out sick for a day or take a vacation day, I am “charged” 10 hours against whichever leave entitlement is applicable.

    Can anyone suggest a reference or a “line of reasoning” which would support my contention that this is an unfair practice.

    Thanks.

  • #2
    It is only unfair if it's percieved that way. It's quite likely that co-workers on the 5 day a week schedule would love to have the 4 day schedule instead, and because they couldn't have it, it's unfair.

    There is no employment law that can support you either federal or in the state of Az.

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