Legal Question in Employment Law in Texas
Holiday Pay
We hired an employee to work a 40 hour week. We only pay for legal holidays, such as Christmas, but we normally give an extra day off after Thanksgiving and before Christmas. Employees have no choice but to take that day off without pay, but with permission, can make up the lost hours by working extra for that week only. Legally, isn't the company obligated to pay that employee for that extra day if they are not given a choice?
1 Answer from Attorneys
Re: Holiday Pay
You did not state if the employee was salaried or hourly. Generally, you need to pay employees for the hours they worked. An employer may be required to pay overtime if the employees work in excess of 40 hours a week in their effort to make up the hours lost by forced unpaid vacations.