If you work during the holiday season, and work on the holidays themselves, several different factors may affect your take home pay.
For example, holidays often provide extra opportunities to work overtime. Under the Fair Labor Standards Act (FLSA) non-exempt employees who work more than 40 hours in any work week must be paid at one and one-half times their standard rate of pay for all overtime worked. Some employers may require their employees to work overtime, but fail to pay them the increase rate when they do. Further, some employers may require you to put in time after you have “clocked out.” These practices may violate the FLSA if you fail to receive the appropriate compensation.
Another issue that may arise is ensuring that if you work remotely, you receive fair compensation. Many workers take time during the holidays to go on vacation or work away from their “brick and mortar” offices. While this arrangement allows workers flexibility to enjoy time with their families, appropriate time keeping and other wage issues may crop up. All work – including responding to emails and making work related telephone calls – may be eligible for compensation. It is crucial that you keep track of this time and that your employer pay you what you deserve.
Additionally, if your office closes for the holiday, make sure you understand your company’s policy concerning whether you are required to work remotely. Many companies will specifically instruct employees not to work during the holiday. If you do work contrary to policy, your employer may be required to pay you, but you may also face disciplinary action.
If you have questions about your pay or any other wage and hour questions, please contact the top Georgia wage and hour lawyers at Buckley Bala Wilson Mew LLP for an immediate case evaluation.