Wage and Hour Violations to Watch Out For During and After the Holidays

Our experienced employment attorneys explain your rights

The holidays are here, and while this time of year is full of joy and celebration, it’s also a time when some employers infringe on workers’ rights. Because the holidays can be highly disruptive to work schedules, violations of wage and hour laws are unfortunately uncommon. Here’s what Ohio employees need to know about their legal rights.

Paying overtime during the holidays

While the holiday season is slow in many workplaces, it's busy in others. That may be because of the holidays themselves—for instance, in retail or shipping—or it may just be because there’s a lot to get done at the end of the calendar year.

Remember that under federal wage and hour laws, your employer has to pay you overtime (time and a half) for all hours worked in excess of 40 in a workweek. A “workweek” has to be seven consecutive days—not necessarily Sunday through Saturday or Monday through Sunday, but it does have to be the same seven days every week.

Furthermore, your employer must take into account all hours worked, including paid breaks and time spent traveling as part of your job duties (though not your regular commute).

Bonuses and overtime pay

The end of the calendar year often means employees receive holiday and year-end bonuses. For the most part, bonuses are within your employer’s discretion, but there are certain rules they have to follow.

For one, employers can’t illegally discriminate in the way they award bonuses; for example, they can’t give larger bonuses to men than women, or employees of one race over another race.

In addition, if you are given a bonus during a week in which you work overtime—which does happen in workplaces where the holiday season is also the busy season—the bonus needs to be taken into account when calculating your overtime pay.

Holiday pay and time off

Neither federal law nor Ohio state law requires private-sector employers to give employees paid days off for the holidays.

However, many employers choose to give paid days off and/or pay time and a half for work on a holiday. In addition, employers tend to handle many requests for paid time off during the holidays as employees travel or spend time with their families.

Again, these decisions are largely at the employer’s discretion, but they must exercise that discretion in a non-discriminatory manner.

For example, employers cannot discriminate on the basis of religion, age, gender, or any other protected characteristic when deciding who to give time off and who must work on a holiday.

Talk to an experienced wage law attorney today

If you believe your employer has violated your rights under the wage and hour laws, it’s important to get legal advice. Talking to an attorney isn’t a commitment to take legal action; it’s a chance to get information about your rights and options.

We have a strong track record of results in wage and hour claims, including a $1.5 million recovery in a collective action on behalf of 492 employees who fought for what they were owed. Give us a call or contact us online today for a free case evaluation with Gibson Law, LLC.

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