This was originally posted on July 5, 2011. I thought I would revisit it prior to the holiday in 2012. I was reminded of this post by someone else finding it and posting a link to it on their blog. If someone is interested I thought you might be too. The Fourth of July is in the middle of a week this year.
It is the day after the holiday. So I thought I would answer a question I often get asked regarding if employees have to be paid for a holiday. The answer is, as often occurs in HR, “it depends.” Here is what it depends on:
- In the private sector under the Fair Labor Standards Act if the employee is classified as non-exempt there is no requirement to pay them for holiday hours that are spent not working. If you do pay them for the holiday it is at the company’s discretion and a matter of company policy and past practice.
- If the holiday is paid by the company it DOES NOT have to be counted as time worked in the calculation of overtime.
- In the private sector if the employee is an exempt employee the employee must be paid their entire salary for the week regardless if they work the holiday or not. If they do not work the holiday they cannot have their pay docked.
- Union contracts or status as a state employee will alter these requirements.
So there that is the quick and dirty on what you need to do on holiday pay for the 4th of July. And yes it does apply to other holidays as well.