The Fair Labor Standards Act (FLSA) mandates employers to pay their employees solely for the time spent on the job. So, whether the employee works on holidays or not, if it is not overtime, the company is not required to pay time and a half.
In practice, however, most private-sector firms in the United States either give their employees the day off or pay them holiday pay, which is higher for working on the holiday.
The holidays include:
- New Year’s Day
- Memorial Day
- Independence Day
- Victory Day
- Labor Day
- Columbus Day
- Veterans’ Day
- Thanksgiving Day
- Christmas Day
Yes, overtime payment is mandatory, and employers can face detrimental and expensive wage and hour lawsuits.
Even if overtime is not authorized, it’s illegal to miss overtime pay. However, it is not unlawful to implement overtime policies that ban unauthorized overtime at your workplace. Furthermore, it is not illegal to penalize or remove individuals who frequently violate corporate policies.
Employers who fail to pay employees for overtime work may be liable for back hourly wages, liquidated damages, and possibly legal expenses. Furthermore, the Department of Labor (DOL) has the authority to levy fines for repeated or willful infractions.
Overtime and time and a half are almost the same, and many people confuse the two terms. However, time and a half is only one component to calculate overtime.
In some circumstances, such as California’s working laws, workers are entitled to double time if they work more than 12 hours in a single day or eight hours on the seventh consecutive day of a single work week.
So, overtime is the main term to learn and use, while time and a half or double time are just the components used in calculation depending on the state and laws.