Summary: Although federal law does not require employers to pay workers for hours they do not work, pay is required for all work performed on holidays and weekends. If you suspect a violation is taking place, contact an attorney for legal help.

According to the Fair Labor Standards Act (FLSA), your employer does not have to pay you for time you are not working or provide premium pay for work performed on weekends or holidays. However, companies frequently offer holiday pay in their benefits packages along with premium pay for less favorable shifts as a contractual arrangement when hiring employees.

You may need help from a holiday and weekend pay violations lawyer if your employer is failing to pay you properly during these periods. An experienced unpaid wages attorney can comb through your pay records, employment contracts, and other evidence to determine what compensation you may be entitled to claim.

Federal Requirements for Holiday and Weekend Pay

The FLSA does not mandate that companies pay their employees for time they do not work, although these benefits can be negotiated between employers and employees. Employers are also not required to provide pay for holidays, sick leave, or vacations.

However, workers must be compensated for all work hours, including holidays and weekends. Premium pay is not required for holiday shifts unless explicitly outlined in an employment contract. The FLSA also does not mandate that employers provide employees with extra pay for weekend work.

While these rules give employers significant latitude concerning holiday and weekend pay arrangements, companies must still properly compensate employees for work performed during these periods. A lawyer can help hold your employer accountable if you are facing holiday or weekend pay violations.

Common Wage Violations Involving Holiday and Weekend Pay

Employees must be paid for all hours worked, whether on a traditional schedule, on the weekend, or on a holiday. Covered, nonexempt workers should be compensated at time and a half if they exceed the overtime threshold, regardless of whether those hours fall on a holiday, weekend, or weekday.

When work performed on a holiday or weekend by a nonexempt employee causes them to exceed 40 hours in a workweek, overtime pay kicks in. Failure to pay nonexempt employees overtime for work performed on a holiday or weekend violates federal law, just as it would if the work was conducted on a weekday.

Exempt employees are not required to be paid overtime. However, under the FLSA, employers are barred from deducting holiday pay from their salaries. For instance, if an exempt employee is given a day off for a holiday, employers must still compensate them with their full weekly salary if they work during the week on which the holiday falls.

Employers must observe any agreements with employees concerning holiday pay or premium pay for certain work shifts. Not paying employees for hours worked on a holiday when a company policy states they should be paid or not paying the correct holiday pay rate as stated by internal policy can constitute wage violations.

Employees who are subjected to illegal pay violations for holiday or weekend work should speak with a lawyer as soon as possible. Back pay plus liquidated (double) damages for unpaid holiday and weekend work hours may be available in cases involving violations of:

  • Minimum wage laws
  • Overtime laws
  • State regulations
  • An employer’s internal policies

Get Help from a Holiday and Weekend Pay Violations Attorney

If you believe you have been affected by holiday and weekend pay violations, an attorney can initiate a confidential investigation into the matter and assist you in filing a claim, if appropriate. A holiday and weekend pay violations lawyer can determine the extent of back wages that may be available, including overtime pay.

An attorney can file a complaint or lawsuit to hold your employer legally accountable for rightful compensation and protect your rights throughout the legal process. Fill out our online form or use the chat box to request a free review. Our team will provide a confidential evaluation of your case and discuss possible next steps.

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