Comments on: Exempt Holiday Pay

By: Mike

Mike — Fri, 14 Sep 2018 16:40:29 +0000

I have a similar? I am a salaried employee that worked a holiday week 38 hr worked 8 hours holiday and only got paid my weekly salary and I’m supposed to have paid holidays

By: Tiara

Tiara — Thu, 26 Nov 2015 23:51:41 +0000

I work as a seasonal worker and another seasonal worker asked me if we get paid holiday day pay and I couldn’t answer because I do not kno

By: Anonymous

Anonymous — Thu, 04 Sep 2014 03:29:09 +0000

In reply to Not Me. Wrong info

By: Not Me

Not Me — Tue, 27 Nov 2012 15:16:50 +0000

*Donna, it sounds like you work what we call a “9/80”. You work 9 days and get in your 80 hours over 2 weeks. In my company if you are non-exempt (salary), then no you cannot use PTO to bump your hours and get time and a half. I am assuming you are non-exempt. If you are exempt (hourly), then the The Fair Labor Standards Act (FLSA) mandates that you be paid time and half for your 8 OT hours in the first week and then, yes, you can use your PTO make up the hours in the second week. The FSLA states that OT pay is determined by “work week” and not “pay period”. Hope this helps.

By: Donna

Donna — Thu, 19 Jul 2012 16:40:15 +0000

I work a 40 hour week, pay period is for 2 weeks, I work 8 hours overtime the first week, take a day off the second week, can I use PTO in the second week to make my 40 hours?

My employer tells me that if I work overtime in one of the 2 week periods, that I cannot use PTO in the other week if it puts me over 80 hours in the two week period.

My question is if this is correct way to handle this?
It seems like being punished for helping out when you work overtime one week and have something happen the other week in the pay period that causes you not to be able to work when you were scheduled.

By: Olivia

Olivia — Tue, 23 Feb 2010 21:39:24 +0000

I remember being absolutely floored when I first learned that in the US, LEGALLY, you could require employees to work 24/7 365 days per year - the only legal ramification would be that either you would have to pay them a salary, or pay them 1.5 for 128hours of their 168 hour workweek.

Obviously, you'd have some workers comp issues when the employees dropped dead after a few days, but hey, you'd be within your legal rights as an employer.

EHRL is right. What you CAN do (legally) is very different from what you OUGHT to do. HR should work with Owner/management to decide on your strategy. Where would you rather spend the company's money...recruiting & training costs, or employee benefits? If the managers are balking, show them the financial impact of the situation. That's always your key "selling point."

By: Marsha Keeffer

Marsha Keeffer — Mon, 22 Feb 2010 00:58:31 +0000

When companies think small in this area, you can bet employees are just waiting (or looking) for something better. Business owners and employers – don't make this mistake and ruin your business.

By: Anonymous

Anonymous — Sat, 20 Feb 2010 15:33:44 +0000

Once upon a time I worked at a retail job where I had to use a time card – not punched, just handwritten – and I was expected to report my in/out time for lunch. This I did, because I'm a good employee. Invariably when I was having lunch on "my" time (meaning an unpaid 30-minute break in the back room), the owner would come in and consult with me about work-related stuff. Eventually it began to piss me off, and I started NOT clocking off for that half-hour. She indicated she was resentful of having to pay that $4 for the half-hour lunch break; I responded by saying it's not a break if I'm actually working through it. I'm a very good worker – honest, diligent, concerned with issues larger than myself, punctual, polite, and ambitious. And I deeply resented being docked that stupid $4 a day, so much so that I eventually started leaving the premises for that half-hour by walking out the front door to the park across the street where she could see me but not talk to me. The little things *really do matter.* EHRL is right (as usual!) Don't just do the minimum – do what's reasonable to retain good employees!

By: Anonymous

Anonymous — Sat, 20 Feb 2010 00:06:00 +0000

Pay them time and half for the holiday the are required to work and then pay them the holiday hours.

By: TheLabRat

TheLabRat — Fri, 19 Feb 2010 23:59:26 +0000

Thanks for picking at the wording of the question; I had a serious knee jerk reaction to it of the "not very pretty but pretty funny" variety.

After years of retail and food service, where we were open on holidays, not getting 1.5 time (no it's not legally required but they should pay it anyway), AND without customers, that sort of thing makes me twitchy.

And people wonder why low end customer service jobs have a high turnover.