Does this make any sense or even legal ?
January 1st which is a Wednesday. I start my shift at Tuesday 11.00 p.m. and log out at 7.00 a.m. on Wednesday. They say because I login 11.00 p.m. on Tuesday I get to previous day's pay. I do not get time-and-a-half from midnight until 7 a.m. Even though 12.00 am is Wednesday. I know it's company policy but is it law. Would it be worth taking it to the labor board.
- AlLv 64 weeks ago
Most companies have their own policies that are within the framework of State and Federal laws, for instance, my company used too pay time and a half for anything above a 8 HR work day, now OT pay doesn't occur until I've reached over 40 hrs within the work week with the exception of Sunday which is double time up til midnight before Monday shift starts at 12:01 AM Monday..... I'm not sure if your company is breaking the law or not, most companies rule book explains when pay starts and ends, and if it doesn't, it needs to brought to their attention that it should for the sake of understanding company policy.
- Elaine MLv 71 month ago
You don't get time and a half for a partial work shift you're supposed to be at. If you work 8 hours, you get paid for 8 hours. Time and a half starts AFTER you reach 40 hours a week, or if you work on holidays.
- A HunchLv 71 month ago
There is no law that says you get 1.5X on holidays.
Additionally, just because you worked on a holiday based on your work schedule it does not appear to be "your holiday".
Wednesday night would be your holiday.
- 1 month ago
The company determines what the work week and thus the work day is. If you work one hour on one work day and seven hours on the next day I don't see where OT would be involved.
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- Pepper, PhDLv 61 month ago
Under federal law, overtime must be paid for anything over 40 hours in a workweek (the company can decide what the workweek is). To see if you are entitled to overtime you count the number of hours in a particular workweek. The number of hours in any one shift does not matter. You could work 24 hours in one day and not be entitled to overtime.
For example, if the workweek ends at midnight on Tuesday then the 1st hour you work goes on one paycheck and the last 7 hours go on the next paycheck.
There is no required overtime for holidays under federal law. Your state may have different laws,
- Coffee DrinkerLv 71 month ago
What country are you in?
In the USA, labor laws ONLY require premium pay (1.5x your base rate) for overtime, which is when you exceed 40 hours in a workweek.
There is no legal requirement for extra pay on holidays, night shifts, or any other special situations.
So if you are in the USA then the company policy is perfectly legal as long as you are paid 50% extra for hours exceeding 40 in one week. Keep in mind your employer can establish any 7 day period as their "workweek"
If you are in the UK or some other country, then I suggest you research the labor laws in your country.
- JudyLv 71 month ago
The law does not require premium pay for a holiday, so it's up to company policy.