Publication

September 2007Newsletter

Wage and Hour Q & A

QUESTION:

Recently, I had to schedule a part-time employee to work on a holiday.  Even with those hours, he only worked 32 hours that week.  The employee claims that I owe him pay at  “time and a half” for the hours he worked on the holiday.  Do I?

ANSWER:

It depends.  The Fair Labor Standards Act (“FLSA”) does not require an employer to pay premium pay or “overtime” to an employee who works on a holiday.  However, an employer may choose to do so.  Therefore, if you have a written policy (such as in a collective bargaining agreement, an employee handbook, or posting) that requires such a payment, or you have a consistent past practice of doing so, you should pay it.  If, however, you do not have a policy or practice of paying overtime or premium pay to an employee who works on a holiday, and the employee did not actually work over 40 hours in the week, you are under no obligation to pay a premium rate or overtime under the FLSA.

For more information, please contact Mitchell W. Quick, a partner in Michael Best's Labor and Employment Relations Practice Group at 414.225.2755, or by e-mail at mwquick@michaelbest.com.

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