Yesterday, I received the following question on my website:
“My employer wants me to work on Christmas Day and on New Year’s. Do I get to ask my employer to pay me overtime or double time if I work on the holidays?”
The short answer is no. Under California law, there is nothing that mandates an employer to pay an employee a special premium for work performed on holidays, Saturdays, or Sundays, other than the overtime premium required for work in excess of eight hours in a workday or 40 hours in a workweek.
Unless the employer has a policy or practice of paying a premium rate for working on a holiday, or an employee is subject to a collective bargaining or employment agreement that contains such a term, California employer is only required to pay employee regular rate of pay for all the straight time hours worked on the holiday, and the overtime premium required for work in excess of eight hours in a workday or 40 hours in a workweek. If the employee works only eight hours on the holiday, then he/she does not receive overtime compensation.
Feel free to give us a call at 619.202.0264 if you like to know more about your rights or get a free consultation. You may also visit our website at www.sandiegoemploymentlawyer.net
http://www.sandiegoemploymentlawyer.net – 619.202.0264
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