Legal Question in Employment Law in California

I work at a car rental company in California and it opens 365 days a year, is it legal for them to schedule me to work on holidays without paying me overtime i.e. July 4th and Labor Day? I've also heard that in other parts of the company they allow overtime for other employees? I was wondering is that even legal?


Asked on 9/06/10, 10:01 am

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Employers are not legally required to pay overtime for working on holidays, unless it is negotiated for by union contract. California law only requires overtime premiums for non-exempt employees who work more than 8 hours a day or 40 hours in a week.

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Answered on 9/11/10, 1:00 pm
Terry A. Nelson Nelson & Lawless

OT is payable to hourly employees for over 8/40. There is no requirement for holidays to be other than a regular work day. If your written employment contract, union contract, or formal written company policy calls for 'holiday pay', then you could enforce that.

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Answered on 9/13/10, 4:00 pm


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