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  1. #1

    Default Denied Overtime Pay Despite Working More Than 40 Hours

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

    I am a seasonal employee for one of the big box retailers. I worked Monday through Saturday everyday for a total of nearly a full 48 hours Thanksgiving week.

    The company has a strict zero tolerance for unauthorized overtime in every week during the year except Thanksgiving week when you given a "free" extra shift if you work Thanksgiving day.

    When I received my pay stub I got more than time and half for the hours worked on Thanksgiving day and it was posted as premium pay but was only paid .25 hrs of overtime. I asked the HR Admin if she could look at my stub because I thought it was wrong. When I came she told me I was paid correctly. And that the big box retailer was so big it had to be right.

    Here's my understanding. The overtime rules for non-exempt employees is absolute-- all worked hours in a given work over 40 must be paid at least time and a half.

    The sense of things is the company has conflated the situation where you may have received 6 days of straight pay in a holiday week having only worked forty hours.

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: I Worked 47 Hours in Holiday Week and Worked the Holiday but Was Not Paid Overtim

    You worked 48 hours during the week. How many of those hours were on Thanksgiving day? You got paid more than time and half for that day, so all those hours count as overtime pay as far as the federal Fair Labor Standards Act (FSLA) is concerned. That they called it premium pay because you were actually paid more than time and half does not change that it counts as part of your overtime pay. So, for example, if Amy works 48 hours during the week, including 8 hours on Thanksgiving, she has 8 hours of overtime she must be paid. If the employer paid her at least time and half for the 8 hours on Thanksgiving day, then the employer has satisfied the law because she got at least 8 hours of overtime pay (i.e. pay at time and half or more).

  3. #3
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: I Worked 47 Hours in Holiday Week and Worked the Holiday but Was Not Paid Overtim

    Assuming you did not work more than 8 hours in any single day, all that matters here is that your gross pay for the week was at least the following amount:

    40 x $P + 1.5 x 8 x $P

    Where $P is your hourly rate of pay. How it's broken down and what labels are slapped in it are irrelevancies.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: I Worked 47 Hours in Holiday Week and Worked the Holiday but Was Not Paid Overtim

    In Texas, it doesn't matter how many hours you work in a day. Texas has no overtime law and hence the Federal rule dictates. That only counts total hours in a week. You could work two 24 hour days and still only be entiteled to 40 hours of base pay and eight of time-and-a-half.

  5. #5
    Join Date
    Aug 2013
    Posts
    284

    Default Re: I Worked 47 Hours in Holiday Week and Worked the Holiday but Was Not Paid Overtim

    Agreed with the above. There is no federal thanksgiving law, just the normal "hours past 40 in the workplace". If you believe the company violated a written policy, then you MIGHT have recourse in small claims court, but nothing you have said has broken any actual laws.

  6. #6
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: I Worked 47 Hours in Holiday Week and Worked the Holiday but Was Not Paid Overtim

    Quote Quoting DAWW
    View Post
    Agreed with the above. There is no federal thanksgiving law,...
    ...that apply to non-federal employees

    Or Christmas, New Years, Memorial Day, Independence Day, etc.

    There I fixed that for you.

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