Holiday and Overtime in same week

I am classified as "salaried with overtime" so when I reach 41 hours, I am paid at 1/2 time. That stinks enough. My question is:

During a holiday week for which I am paid for the holiday (as the company dictates), can I still be required to work 40 hours in the remaining days without collecting any overtime?

If I work 40 hours during the remainder of the week, I am losing the holiday pay (which all other employees receive) and not receiving any overtime pay.

Also, do I not have a claim for paid holidays which are promised to be paid if I work 40 hours and do not receive overtime?

By not receiving overtime, the company is saying that the holiday made me ineligible for overtime and are not paying for the hours that made me ineligible.

1 answer  |  asked Jan 22, 2008 6:05 PM [EST]  |  applies to Texas

Answers (1)

Christopher McKinney
Overtime Pay

This answer will depend on the exact wording of your pay plan so I cannot give a definitive answer without speaking with you and gathering more information. This area of law can be complex. The short answer is that the company CAN accomplish most of what you say they are doing legally but they must so some very specific things and the pay plan must be worded in a very specific way. Companies very often don't handle these situations properly and end up breaking federal law in the process, entitling employees to a great deal more overtime and penalties. I would consult with a qualified employment lawyer who works with FLSA/overtime issues.

Very Best Regards,


Christopher McKinney
700 East Sonterra Blvd.
Suite 1202
San Antonio Texas 78258
(210) 832-0932
(210) 568-4101 Fax
http://www.themckinneylawfirm.com

posted by Christopher McKinney  |  Jan 23, 2008 09:30 AM [EST]

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