My Boss is Making Me Work a Holiday, Am I Entitled to Holiday Overtime in New York?
My Employer Scheduled Me for a Holiday, Am I Entitled to Holiday Overtime in New York? New York City Wage and Hour Attorney Explains
Under both federal and New York labor law, certain employees who work more than 40 hours in a workweek are entitled to overtime pay at a rate of one and a half (1.5 times) their regular rate of pay. With the end-of-the-year holidays quickly approaching, some employees may try to work holidays for extra money, while other employees may be asked to work some holidays even if they did not ask to be assigned. Whether an employee is entitled to holiday overtime in New York is a common question from both employees and employers.
This is because for many employees in New York City, overtime can be a rather significant increase needed to support a growing family. However, for employers this can be a heavy burden on a business—particularly at the end of the year when trying to reach year-end goals. Here at SAMUEL & STEIN, our experienced New York City wage and hour attorneys can advise employers and employees alike whether overtime wages are warranted in a certain situation.
Am I Automatically Entitled to Overtime Pay in New York for Working a Holiday?
Under New York law, an employee who works on a holiday, whether that holiday is religious, public, federal, or customary (like the day after Thanksgiving), is not automatically entitled to overtime pay. This means that just working on a holiday does not entitle an employee to overtime compensation. This is because overtime compensation is not premised on working any single day. Rather, overtime is based on the overall weekly amount of hours worked.
The exception is if you are under a collective bargaining or employment contract which provides for overtime or special rates for working on a holiday. While the New York labor law does not provide for it, parties are free to agree to it in contract.
Could I Be Entitled to Overtime Pay for Working a Holiday in New York?
The better question is could you be entitled to receive overtime pay in New York for working a holiday. The answer to this question is—maybe!
The reason is, again, that the overall hours spent working during the workweek is what dictates whether you are entitled to overtime pay. Therefore, if you work a holiday which pushes your weekly hours to 45 hours, you will be entitled to regular pay for your first 40 hours and then overtime pay for the 5 extra hours. But as distinguished above, you are not automatically entitled to overtime hours for working a holiday so that means you do not get 8 hours (1 day’s work) for working that one holiday as overtime—only the 5 hours that you worked over 40 hours in a week.
Thus, you are not automatically entitled to overtime in New York solely because you worked a holiday. But working that holiday may push you over the 40 hours in a workweek. This is an important consideration to make when planning your financials for the holidays.
Holiday Overtime Questions? Ask Them Now Because Making Your Schedule by Calling our New York City Wage and Hour Attorneys
The experienced New York City Wage and Hour attorneys at SAMUEL & STEIN are dedicated to asserting and defending the rights of employers and working people throughout New York and New Jersey. We have the resources, experience, and knowledge necessary to ensure your legal rights are protected and you are not taken advantage of. Call us today by dialing (646) 681-4193 or use the convenient “Evaluate Now” box on our webpage. Together we can help answer your questions and protect your rights.