Time & One Half for working a holiday

Our business was closed on Mon 7/5 in observance of Independence Day. We offer Holiday pay.

A non-exempt employee who sets his own schedule opted to come in to work that day.

Because he worked, I don't want to pay him Holiday pay, but what about time & one half for his hours worked that day? We have no policy on this, as until now nobody has worked on a holiday. (That I'm aware of!) Does the FLSA have anything to say about this, or is it up to our discretion?

I'll create a policy after we determine how to handle this one.

Thanks!

x:D

Comments

  • 3 Comments sorted by Votes Date Added
  • In a situation where one of our employees work on a holiday, he/she is paid the 8 hours he/she normally would be paid for the holiday, plus straight time for the hours actually worked. If those hours are in excess of 40 in the work week, then it would be considered overtime hours.
  • FLSA doesn't address hokday pay. It onlly address work time and overtime.

    If he worked on the company's holiday then you need to pay him work time. Whether you want to pay him an extra rate because it was on a compnay holiday is up to your company's policy. Or, your company could let him accumulate the paid holiday time to be used later. Or it could do nothing extra.
  • As a general rule, an employee must work over 40 hours in a given week to get overtime under FLSA. Vacation time, holidays, or other paid time off does not contribute to this total. Why not pay the 8 hours for time worked and the 8 hours holiday pay? If the employee would have otherwise only worked 32 hours in the week, you will get an extra day of work and he gets the extra day of pay. The employer can scarcely complain if the employee is permitted to set his own schedule.
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