Are Employees Being Fairly Paid During the Holidays?

With the holidays approaching, no one wants to see a smaller paycheck even after putting in an honest day’s work. A large complaint that workers have during this holiday season is feeling improperly or poorly compensated for their work.

Some employees put in extra hours during the holiday season; as an example, retail workers who are paid hourly can choose to pick up additional shifts throughout the week if there is availability and they are willing. On the other end of the spectrum, workers may find that their pay is reduced because their company has closed the number of business days that are open. Some companies might not even choose to pay their employees for holidays.

Understanding Exempt vs. Non-Exempt

Each employee’s pay structure will depend on his or her employment status. There are two types of employees: non-exempt and exempt employees. Below, we break down the difference between the two.

The facts about non-exempt employees:

  • Non-exempt employees are paid at an hourly rate.
  • Companies are not required to pay you anything above your hourly rate when you are working on the holidays
  • It is a myth that an employer is expected to compensate for one-and-a-half times or even double your pay.
  • The only time you can be paid more is if you are working overtime. Any time put in beyond the 40-hour work weeks is considered overtime.
  • Employers are not required to pay non-exempt employees for holidays

The facts about exempt employees:

  • Exempt employees are typically paid a salary.
  • Exempt employees should be expected to be paid the same if they worked at any time during the work week.
  • Exempt employees should be paid, even on holidays and when the company is closed.
  • Some companies can require exempt employees to use vacation time or paid time off to cover for holidays.

Our Hollister employment lawyer at Polaris Law Group is here to represent and advocate for those who need guidance on employment law matters. The holidays can be difficult and stressful, and no one wants to face the added burden of having less on one’s paycheck than expected.

If you have any questions about your rights as an employee, please do not hesitate to give us a call! Request a free case consultation by calling (888) 796-4010.

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