As the holiday season approaches, many California employees are wondering about overtime holiday pay. Understanding how overtime holiday pay works can be confusing in any state.
But in California, where legislation constantly evolves, and workplace dynamics shift quickly, grasping the difference between holiday overtime pay and being paid for overtime you work on a holiday is imperative.
If you have questions or concerns about whether you are entitled to holiday pay, contact us at Workplace Rights Law Group to speak with an experienced employment law attorney. We are here to fight for your rights, set the record straight, and ensure your employer treats you with the respect and fairness you deserve.
In the meantime, keep reading to learn more about the nuances of working overtime on a holiday, whether employers are required to pay time and a half on holidays in California, and the overarching legal landscape governing these provisions.
Are Employers Required to Pay Time and a Half on Holidays?
California employees often wonder whether they are entitled to holiday overtime pay for working on a holiday. Unfortunately, the answer is no.
Some states, like Rhode Island, require employers to pay employees time and a half for holiday work. But in California, employers are not legally obligated to pay extra for work on holidays unless it leads to overtime.
While there is no statutory requirement for enhanced overtime holiday pay, employers may offer it as part of their compensation packages. Furthermore, once an employer commits to offering holiday overtime wages, they are bound to pay it, and employees have the right to hold them accountable.
Who Is Entitled to Overtime Pay for Overtime Work During a Holiday?
All non-exempt California employees are entitled to overtime pay for overtime hours worked during a holiday. Exempt employees, conversely, are not entitled to overtime pay under California law. Instead, an “exempt” employee—for example, professionals, administrators, and executive employees—is paid on a salary basis.
If you are unsure whether you are exempt or non-exempt, California’s varying Wage Orders define different types of workers under California law. An experienced employment law attorney can also explain the difference and advise you of your rights based on your employment classification.
What Is the Pay If I Am a Non-Exempt Worker and I Work Overtime on a Holiday?
The standard California workday is eight hours. However, suppose an employee exceeds 8 hours a day, 40 hours a week, or works 6 consecutive days by working on a recognized holiday. In that case, any hours worked on that holiday beyond that 8, 40-hour, or 6-day threshold qualify for holiday overtime pay at a rate of:
- One and one-half times the employee’s regular pay rate for all hours worked beyond 8 hours up to 12 hours in any workday. And for the first eight hours worked on the seventh consecutive day of work in a workweek; and
- Double the employee’s regular pay rate for all workday hours worked more than 12. And for all hours worked more than eight on the seventh consecutive day of work in a workweek.
These provisions apply uniformly whether the employee works overtime regularly or on a holiday. In other words, employers calculate overtime on a holiday using the same principles as on any other working day.
Are There Any Exceptions to Holiday Overtime Pay?
While overtime pay is a well-established requirement in California, there are exceptions. Industries like healthcare and emergency services may have different overtime and holiday compensation rules.
It’s also essential to note that some employers offer additional holiday pay, bonuses, or other incentives for working on holidays, even if they are not legally obligated to do so. These additional benefits vary widely depending on the employer’s policies and practices.
Furthermore, some employees are covered by collective bargaining agreements or employment contracts with different holiday overtime pay rules. In such cases, these agreements take precedence over general labor laws.
If you are wondering about your employment status or whether your job qualifies for an exception, an experienced employment lawyer can help. An employment lawyer can review your work type, walk you through California’s laws, and help you determine whether you are eligible for overtime pay.
What are My Options If My Employer Fails to Pay Me for the Holiday Overtime Hours I Worked?
Employers who knowingly violate labor laws may be subject to penalties and fines.
If your employer fails to pay you the correct amount for overtime hours worked on a holiday, you may be entitled to pursue a legal claim for wage theft.
California employees whose employers fail to provide the appropriate holiday overtime pay can file an online wage claim with the California Department of Industrial Relations Labor Commissioner’s Office.
However, it’s best to consult with an experienced employment attorney first. An attorney can review your claim, investigate the circumstances, and advise you on the best course of action to ensure you meet all filing standards and deadlines.
Contact Workplace Rights Law Group If Your Employer Disregarded Your Overtime Rights
If you are facing employment challenges around holiday overtime pay in Southern California, Workplace Rights Law Group is here to help.
With offices in Riverside and Glendale and nearly 75 years of combined employment law experience, our team of experienced attorneys can guide you through California’s employment laws.
We offer the same sophisticated and high-quality legal representation that big firms reserve for corporate giants. However, unlike big firms, we only take on a limited caseload. Instead, we value individualized attention and quality over quantity and prefer crafting unique strategies tailored to your needs.
At Workplace Rights Law Group, we’re not just another employment rights law firm. We’re dedicated, passionate advocates with a straightforward mission: to level the playing field for employees like you.
At Workplace Rights Law Group, our track record of securing compensation for wronged Southern California residents is a testament to our commitment. We care and will fight tirelessly to show you we do.
Reach out to us for a no-obligation case evaluation and discover how we can assist you today.
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Theo Khachaturian
Theo is a trial & appellate lawyer whose practice has emphasized wage-and-hour class actions, business disputes, wrongful termination, discrimination, harassment, and intellectual property theft. He has tried civil cases and argued before various California Courts of Appeal.