With the holidays approaching, no one wants to see a smaller paycheck even
after putting in an honest day’s work. A large complaint that workers
have during this holiday season is feeling improperly or poorly compensated
for their work.
Some employees put in extra hours during the holiday season; as an example,
retail workers who are paid hourly can choose to pick up additional shifts
throughout the week if there is availability and they are willing. On
the other end of the spectrum, workers may find that their pay is reduced
because their company has closed the number of business days that are
open. Some companies might not even choose to pay their employees for holidays.
Understanding Exempt vs. Non-Exempt
Each employee’s pay structure will depend on his or her employment
status. There are two types of employees: non-exempt and exempt employees.
Below, we break down the difference between the two.
The facts about non-exempt employees:
- Non-exempt employees are paid at an hourly rate.
- Companies are not required to pay you anything above your hourly rate when
you are working on the holidays
- It is a myth that an employer is expected to compensate for one-and-a-half
times or even double your pay.
- The only time you can be paid more is if you are working overtime. Any
time put in beyond the 40-hour work weeks is considered overtime.
- Employers are not required to pay non-exempt employees for holidays
The facts about exempt employees:
- Exempt employees are typically paid a salary.
- Exempt employees should be expected to be paid the same if they worked
at any time during the work week.
- Exempt employees should be paid, even on holidays and when the company
- Some companies can require exempt employees to use vacation time or paid
time off to cover for holidays.
Hollister employment lawyer at
Marder Employment Law is here to represent and advocate for those who need guidance on employment
law matters. The holidays can be difficult and stressful, and no one wants
to face the added burden of having less on one’s paycheck than expected.
If you have any questions about your rights as an employee, please do not
hesitate to give us a call! Request a
free case consultation by calling (888) 796-4010.