Does anybody know how overtime pay works on a holiday?

[Foxhound3857]

I know that, for a company-recognized holiday, you get paid time and a half for working on a holiday, but what about if your shift goes over eight hours on a holiday? Does it then automatically bump up to double time? Does it remain time and a half if you aren't already over 40 for the week?

Even my supervisor at Nordstrom didn't know when I asked about it. I'm scheduled to work a ten hour shift on Election Day.

 

[azdisneylover]

I would suggest checking your state's website about this matter as well as the Federal law. Good luck to you.

 

[sasywtch]

I'm not sure about your state but election day was never considered a holiday for us. Being a state employee, they are very strict on working on holidays as they have to pay double time. Some employers gave employees the day off but it wasn't certified as a holiday.

 

[Foxhound3857]

I'm not sure about your state but election day was never considered a holiday for us. Being a state employee, they are very strict on working on holidays as they have to pay double time. Some employers gave employees the day off but it wasn't certified as a holiday.

Nordstrom recently added Election Day as a paid holiday on their calendar. Veteran's Day is not a paid holiday for us, however.

 

[nw6675]

I would suggest checking your state's website about this matter as well as the Federal law. Good luck to you.

Agree with this since states can have various requirements. You may also want to check directly with your HR department versus your manager.

 

[buzzrelly]

I believe OT starts after working 40 hours, regardless about how many hours you've worked in a day., but definitely check with your HR department.

 

[EACarlson]

I know that, for a company-recognized holiday, you get paid time and a half for working on a holiday, but what about if your shift goes over eight hours on a holiday? Does it then automatically bump up to double time? Does it remain time and a half if you aren't already over 40 for the week?

Even my supervisor at Nordstrom didn't know when I asked about it. I'm scheduled to work a ten hour shift on Election Day.

That is a company based decision. There is no federal law, and no state law I am aware of that requires holiday pay or OT pay for more than 8 hours in a shift. The only federal requirement is OT pay for more than 40 hours in a work week.

 

[barkley]

That is a company based decision. There is no federal law, and no state law I am aware of that requires holiday pay or OT pay for more than 8 hours in a shift. The only federal requirement is OT pay for more than 40 hours in a work week.

i think in some cases even that law can be worked around. there are some employers who have both salaried and hourly employees who are eligible to overtime but b/c the employers offer alternate work schedules employees routinely work over 40 hours every other week but don't get o/t time during those weeks. for this to happen i'm thinking of what my employer called a 9/80 schedule where we worked a total of 80 hours during every 2 week period but it consisted of 44 hours during week #1 (1-8 hour day/4-9 hour days) and 36 hours during week #2 (4-9 hour days). the only time anyone working this schedule qualified for overtime was if they worked over 80 hours during the course of 2 weeks.

 

[EACarlson]

i think in some cases even that law can be worked around. there are some employers who have both salaried and hourly employees who are eligible to overtime but b/c the employers offer alternate work schedules employees routinely work over 40 hours every other week but don't get o/t time during those weeks. for this to happen i'm thinking of what my employer called a 9/80 schedule where we worked a total of 80 hours during every 2 week period but it consisted of 44 hours during week #1 (1-8 hour day/4-9 hour days) and 36 hours during week #2 (4-9 hour days). the only time anyone working this schedule qualified for overtime was if they worked over 80 hours during the course of 2 weeks.

According to the Department of Labor that is illegal unless they are exempt workers, which by definition salaried workers are.
https://www.dol.gov/agencies/whd/overtimeI certainly believe at one time that was legal, but it certainly not the case now.

 

[SteveH]

Every State is different, and even some major cities try to get involved, so your best bet is to contact the HR at your store or consult your employee handbook. There are many variables in your situation and me trying to play armchair HR manager won't help you.

 

[sam_gordon]

The only federal requirement is OT pay for more than 40 hours in a work week.

This is the general rule/law that I have been taught/going by for the last 30 years. You can work four 10 hour days or two 20 hour days and the company is not required to pay you OT. Obviously company policy could change that.

As far as working a "holiday", the fact that you are working on a holiday doesn't really factor into OT. OT is only calculated based on the number of hours you work in a week, it doesn't matter whether it's on a holiday. People get "double pay" for working a holiday because they get paid for the time they work AND the holiday pay (whatever your company's policy is). So, assuming your employer gives 8 hours of "holiday pay", if you also work 4 hours, you get paid for 12 hours, BUT only 4 "counts" toward OT.

State laws may differ on when OT gets calculated on a per day or per week basis, but I'm pretty sure "holiday" time does not factor into the equation, just time that is actually "worked".

ETA: I went back and looked at the OP. You should get whatever "holiday" time is provided by the company PLUS however many hours you work. In your case, if you work 10 hours on a holiday and the company pays for 8 "holiday hours", you should get paid for 18 hours. You need to check your employee manual to see how they pay for holidays.

 

[amylevan]

There are too many variables at play to give you a perfect answer. Federal law states overtime paid at time and a half required for non-exempt employees for time over 40 hrs per week - not hours in a shift.

State laws can vary.

And on top of that, company policy can dictate as well. (Which is actually where your holiday pay at time and a half is coming from since federal law does not require holiday benefits). So you probably need to check your employee manual since laws don’t really discuss holiday pay.

 

[barkley]

And on top of that, company policy can dictate as well. (Which is actually where your holiday pay at time and a half is coming from since federal law does not require holiday benefits). So you probably need to check your employee manual since laws don’t really discuss holiday pay.

yup, and some employers define 'holidays' in very unique ways. i know of one that defines 'new years day' as being from noon on 12/31 through 11:59 a.m. on 1/1 (kind of nice if it's an industry that's open 24/7 and gets their rush on new year's eve).

 

[MrsPete]

My youngest worked retail in a big mall store during her college years, and she loved working holidays because she got paid "time and a half". Just to give an easy, round example, if her pay were $10, she received $15 for the hours worked on that day only. It had to do with giving up her time on a holiday /busier crowds /nothing to do with 40 hours.

The company gets to define what holidays are. Black Friday counted as a holiday for her -- of that I'm sure. On the other hand, Christmas was not a holiday in terms of pay because the store was closed on Christmas day. Way back when I was young and worked for Belks, our individual birthdays used to count as "holidays", and we'd get paid "time and a half".

I wouldn't think of Election Day as a holiday, but it is company-specific. I don't think this is state law; rather, I think it's the company trying to convince workers not to call in sick on busy shopping days.

I'm not surprised a supervisor at Nordstrom wouldn't know the details. Likely that person just supervises the workers and makes schedules, whereas a payroll clerk processes the checks.

 

[starry_solo]

According to the Department of Labor that is illegal unless they are exempt workers, which by definition salaried workers are.
https://www.dol.gov/agencies/whd/overtimeI certainly believe at one time that was legal, but it certainly not the case now.

Definitely not illegal as most government agencies do this in Southern California. It's worked into many union contracts

 

[karen4546]

I believe OT starts after working 40 hours, regardless about how many hours you've worked in a day., but definitely check with your HR department.

Not at my previous GM job. ANYTHING over 8 hrs is time and 1/2. And if you go in before 5 am then your start time is 3rd shift premium. But, if you work over into 2nd shift, you only get the 2nd shift rate for the hours you work overs. If you are on 3rd shift there is no bump in pay because it is max pay for 3rd and if you are on 2nd shift, you don't get a reduction in pay if you go in early to 1st shift.

 

[EACarlson]

Definitely not illegal as most government agencies do this in Southern California. It's worked into many union contracts

Are those exempt workers under FLSA? If they are not than it is certainly illegal under the OT provisions of the FLSA.

Not at my previous GM job.

GM as in General Motors or General Manager? This was how a General Motors shop I worked in operated in the early 2000's. But anything beyond time and a half for more than 40 hours is entirely up to the company.

 

[Allison]

According to the Department of Labor that is illegal unless they are exempt workers, which by definition salaried workers are.

Actually, that is not the case. Salaried workers by definition do not have to be exempt. If done correctly, a non-exempt employee can be a salaried worker.

Salaried workers can be exempt or non-exempt.

 

[disneychrista]

Holiday pay is determined by company policy. OT on a holiday would also be determined by company policy. Logic word follow that if you are getting time and a half that OT would become double time. But you’d have to ask HR of your company.

 

[karen4546]

Are those exempt workers under FLSA? If they are not than it is certainly illegal under the OT provisions of the FLSA.

GM as in General Motors or General Manager? This was how a General Motors shop I worked in operated in the early 2000's. But anything beyond time and a half for more than 40 hours is entirely up to the company.

@starry_solo I believe a huge corporation would know the Labor laws and it was not illegal.

@EACarlson yes General Motors. Holidays were triple time and Sundays Double time. I am sure you know this though. Going in early on Sunday and working 10 hours would pay for your taxes for the week. I remember before I started working there and I saw my Dad's check and it had "COLA" on it. The kid in me thought he got a soda allowance....lol