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  1. #1

    Default If an Employer Voluntarily Pays Overtime on a Holiday, Must it Pay for All Holidays

    My question involves labor and employment law for the state of: Florida.

    I've done some research on this topic, but I'm concerned about one nuance that I can't seem to find any info on.

    We have several part-time / hourly workers that come to work at various times, including several holidays. One of the holidays is Christmas Eve - because that is such a difficult time for many people to work, we have always paid time and half on that day. However, we have NOT paid extra holiday pay on other holidays. One of the part-time employees has brought this up as a concern and is expecting to be paid time and a half. My understanding of the law is that this is completely at our discretion, but I'm also concerned that we've set some sort of precedent with Christmas Eve that now applies to other holidays. My assumption (and hope) is that this doesn't matter and its still completely at our discretion, but wanted to check with some others...

    I hope that makes sense! Thank you so much for your help!

  2. #2
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    Default Re: If an Employer Voluntarily Pays Overtime on a Holiday, Must it Pay for All Holida

    Your understanding of the law is correct.

  3. #3
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    Default Re: If an Employer Voluntarily Pays Overtime on a Holiday, Must it Pay for All Holida

    In 48 out of 50 states, including Florida, whether or not you pay time and a half for work on a holiday, and if so on which holidays, is entirely at the employer's discretion. There is no law, or even any legal concept, that says if you pay time and a half for one holiday you must pay it for all. Tell your employee nice try but no cigar.

  4. #4
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    Default Re: If an Employer Voluntarily Pays Overtime on a Holiday, Must it Pay for All Holida

    Quote Quoting jayron_rizza
    View Post
    My question involves labor and employment law for the state of: Florida.

    I've done some research on this topic, but I'm concerned about one nuance that I can't seem to find any info on.

    We have several part-time / hourly workers that come to work at various times, including several holidays. One of the holidays is Christmas Eve - because that is such a difficult time for many people to work, we have always paid time and half on that day. However, we have NOT paid extra holiday pay on other holidays. One of the part-time employees has brought this up as a concern and is expecting to be paid time and a half. My understanding of the law is that this is completely at our discretion, but I'm also concerned that we've set some sort of precedent with Christmas Eve that now applies to other holidays. My assumption (and hope) is that this doesn't matter and its still completely at our discretion, but wanted to check with some others...

    I hope that makes sense! Thank you so much for your help!
    The other posters gave you accurate legal advice, but I am going to add a bit of advice as a former business owner.

    From an employee moral point of view, you might want to consider paying time and a half on all holidays. These are part time workers and if they are good ones that you want to keep, treating everybody equally (which is how they likely will see it) is important. I know it adds some cost, but you should figure it out in dollars, and see if on an annual basis that amount of dollars is more important than happy employees who feel equally valued. It might be that the money would simply be too much for you, and that is fine. Just make sure.

  5. #5
    Join Date
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    Default Re: If an Employer Voluntarily Pays Overtime on a Holiday, Must it Pay for All Holida

    I believe llworking means morale, not moral.

  6. #6
    Join Date
    Feb 2008
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    Default Re: If an Employer Voluntarily Pays Overtime on a Holiday, Must it Pay for All Holida

    While I think llworking has a good point, often there are some holidays that are harder to staff than others (christmas/eve, new years/eve, easter, july 4th) - more of the "major holidays". There are then "minor" holidays that are not as hard to staff. So I would suggest doing a needs analysis to figure out which are hard to staff and put those at a priority for some type of shift differential (OT pay or a bonus) and others maybe at a lower or no shift differential. I wouldn't immediately (without analysis) make all holidays OT rate, only because then you open the can of worms of what does the exempt employee now expect to get for working a holiday (nothing legally required, but again morale issues).

  7. #7
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    Oct 2006
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    Default Re: If an Employer Voluntarily Pays Overtime on a Holiday, Must it Pay for All Holida

    Quote Quoting cbg
    View Post
    I believe llworking means morale, not moral.
    Yes, I did, thank you for the correction.

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