Am I Owed Overtime Pay for Extra Holiday Work Hours?
During the holiday season in South Florida, many employers ask their employees if they can work additional hours beyond their regular schedule. This is particularly common in the retail industry so that stores can stay open later to accommodate more shoppers, as well as in the restaurant and food services industry so that businesses can accommodate more holiday gatherings that may occur on days or during hours when the business is typically closed. Depending on your particular job and how you are classified as an employee, you may be owed overtime pay at a rate of 1.5 times your regular rate of pay for extra holiday hours worked.
How can you know if you should be paid additional overtime pay? Consider the following information from our Palm Beach Gardens wage theft lawyers.
Are You a Non-Exempt Employee?
In order to be eligible for overtime pay, you must be classified as a non-exempt employee. What this means is that, first, you must be an employee rather than an independent contractor (independent contractors are not eligible for overtime pay). Then, as an employee, you must be a non-exempt employee. Under the federal Fair Labor Standards Act (FLSA), certain employees are considered “exempt.” These employees must earn a salary, the salary must be at least $684 per week, and they must be in a specific type of job (typically an administrative, executive, professional, or computer position).
If your employer cannot classify you as “exempt,” then you are a “non-exempt” employee entitled to overtime under the FLSA.
Do Your Additional Holiday Hours Involve Working More Than 40 Hours in the Workweek?
To receive overtime pay, you must work more than 40 hours in a workweek. Then, any hours worked beyond the 40-hours workweek must be compensated at a rate of 1.5 times your regular rate of pay. For example, if you earn $20.00 per hour during your regular work hours, any overtime hours would have to be paid at a rate of $30.00 per hour ($20.00 x 1.5).
There are no exceptions for especially busy times of the year for employers — the FLSA is applicable year-round.
Contact a Palm Beach Gardens Wage and Hour Attorney for Help Seeking the Overtime Pay You Are Owed
Working for additional hours during the holiday season, especially as a retail or food services employee, can be tiring and stressful. Not only are you taking on more work than you are accustomed to, but you may be dealing with difficult customers who are contending with their own stressors during the holiday season. You do not need to be denied overtime pay that you are owed on top of the already stressful nature of your work. One of the experienced Palm Beach Gardens wage and hour lawyers at Sconzo Law Office is here to assist you. We regularly represent Florida employees in various types of wage and hour disputes, including wage theft claims that arise at any time of the year. Contact our firm to learn more about how we can help you to seek the overtime pay that you are owed in South Florida.
Source:
dol.gov/agencies/whd/overtime
