All of the hourly employees don''t have to work the holidy, except for me. When I work the holiday, I get holiday pay, but hours worked are added to another chart. So Holiday pay isn''t included as regular pay. So when I get my check, I get paid straight time for hours worked on the holiday. I have been told anything over 40 hours is overtime, but when I work the holiday,.MONDAY through FRIDAY, I only get paid 36 hours if I work less than 8 hours on the holiday. Which means, I have had no rest, unlike my co-workers and a short check to boot. Plus, my salaried co-worker makes me feel obligated to work the holidays, because she says she has to work 7 days per week. What can be done to make sure we have a set policy in place? Or should I just find another job (if possible) and warn all other about the tactics of this company???
Payment for overtime is covered by the Fair Labor Standards Act and, in addition, may also be covered by state law. States are allowed to pass laws that regulate employee compensation as long as the laws they pass are at least as beneficial to the employee as the federal law, or more beneficial to the employee than the federal law. So the federal law is the "floor" below which the the employer cannot pay the employee.
Federal law requires that employees be paid for all time that they actually work. It does not require that an employee be compensated for any time when the employee is not actually working. If you work a holiday, federal law only requires that you be paid your regular rate for teh hours you worked. If you actually work more than 40 hours in that work week, federal law requires your employer to pay you 1.5 x your regular hourly rate.
Your note makes it appear that your employer is not paying you for 4 hours that you actually worked. If this is the case, the employer is breaking the law. You can sue your employer under the FLSA in state or federal court. If you win you will get double the amount he refused to pay you, plus reimbursement for your attorneys fees.
I am not aware of Colorado's wage and hour laws, so I cannot address the question under that law..
Federal law requires an employer to pay overtime at the rate of 1-1/2 times the regular hourly rate when an employee works more than 40 hours in any workweek. "Hours worked" does not include the holiday unless you actually work on the holiday. If you work the holiday, you still have to actually work a total of more than 40 hours in that week in order to be eligible for overtime pay.
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