What can we do if employer refused to give Holiday Pay/Overtime pay? 7 Answers as of November 15, 2013

My employer is thinking about having a crew work the day after Thanksgiving. This technically is a paid holiday since we trade Veterans Day to have this day off. He said that he is only going to pay regular pay for this day. If he does decide to do this, what are the legal repercussions that we can take against the company and what would we be entitled to?

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Law Office of Richard Winkler | Richard Winkler
You cannot lawfully trade days. The law does not allow companies to pick and choose or to allow their employees to vote to circumvent the law. If the law requires payment for a specific holiday and you work it, then you must be paid the required wage. The day after Thanksgiving is not a legal holiday. No additional payments are due.
Answer Applies to: Rhode Island
Replied: 11/15/2013
KEYL ADR Services, LLC | Mark D. Keyl
You referred to a trade off for Veterans Day. Look at the company policy or contract to determine your rights. OT is required if you have worked over 40 hours in a work week. However, there are some exceptions.
Answer Applies to: Mississippi
Replied: 11/15/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You traded a paid holiday for a non-holiday. Sounds to me like your employer may have the better argument. But, talk with your states labor department and see what they say.
Answer Applies to: Idaho
Replied: 11/15/2013
I know of no law that requires any employer to pay any employee extra for working on a holiday. Nor are they required to pay the employee that does not work on the holiday. The only requirement is that you be paid min wage, and that you be paid 1.5 time for all work over 40 hours. Paid holidays are a company initiated benefit no law requires the employer to do this.
Answer Applies to: Georgia
Replied: 11/15/2013
Law Offce of Richard N. Grey | Richard N. Grey
File a complaint with the State Labor Commissioner's Office, DLSE.
Answer Applies to: California
Replied: 11/15/2013
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