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?
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 email@example.com.