Thoughts on workers being paid during the holiday season

The holiday season is not just for people to spend a little extra to purchase gifts for family and friends. It is also an opportunity for retailers to pad their bottom lines; hence the term “Black Friday.” Nevertheless, the retail bonanza is not just limited to the day after Thanksgiving and Cyber-Monday (the first Monday after Thanksgiving). Because of this holiday push, retailers tend to hire additional help to make sure the holiday season is profitable.

Even with the extra help that comes on board, there are many opportunities for employees to work overtime. After all, at this time of year, who wouldn’t want to make a few extra dollars? Because of this, being asked to work overtime may not be such a big deal. However, if you are asked to work additional hours, as an employee, you should make certain that are paid for the extra hours accordingly

Under the Fair Labor Standards Act (FLSA) any hours worked beyond the standard 40 hour work week should be paid at time-and-a half. This essentially means that overtime work should be paid at your hourly wage plus another half of that number for each additional hour worked. Additionally, California law calls for overtime to be paid when a worker exceeds a standard eight hour workday. So if you are asked to work additional hours during a particular day, you should be paid time-and-a half for that extra time.

So regardless of how many hours you are asked to work during the holiday season, by no means should be asked (or required) to work “off the clock.”

The preceding is not legal advice. 

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