Can I be forced to work a holiday?

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Latest post 06-23-2010 1:35 PM by cbg. 8 replies.
  • 06-21-2010 11:08 PM

    • TRC12
      Consumer
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    • Joined on 06-22-2010
    • OH
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    Can I be forced to work a holiday?

    My supervisor recently announced that our department would be required to work Monday july 5th which is designated as a company holiday. Since we are receiving holiday pay for the day already, would this be considered forced overtime. We are non-exempt employees and in Ohio. We would be receiving time and a half for hours worked on this day. Thanks

  • 06-22-2010 12:42 AM In reply to

    • LG81
      Consumer
    • Top 25 Contributor
    • Joined on 01-03-2010
    • Posts 4,338

    Re: Can I be forced to work a holiday?

    No, it would not be considered "forced overtime" that requires time-and-a-half.  The hours that put you into overtime are actually worked hours.  So for example, if you only still work forty hours in that week, the employer does not have to pay OT rate for the 8 hours or so you work on the fifth (the employer only needs to pay you for working those 8 hours and can also pay you the 8 hours of holiday). 

    I fear I'm not explaining this well, so let me give another example.  I was a controller for an MRO facility.  Some of our airplane mechanics would play games and call in paid sick time for two days and then work forty hours later on in the same week.  While their total pay would be 56 hours for the week, we were not required by law to pay an OT rate for the extra 16 hours.

    Now, your employer may choose to be very generous and give you 1 1/2 time for working on the company holiday, but that is the employer's choice.  When I waitressed through college, I worked many a paid holiday (and I consider myself lucky that we restaurant workers were even given paid holidays).  One restuarant I worked at gave us 1 1/2 time plus the holiday pay (so 2 1/2 -- plus people tip great on holidays out of pitty I guess -- although I always maintained a great attitude).

  • 06-22-2010 12:49 AM In reply to

    Re: Can I be forced to work a holiday?

    With the exception of a few specific occupations (e.g. truck driver, airplane pilot, etc.) neither federal law nor OH law specify that employees must be a given a day off at all, whether on a holiday or otherwise. All that federal and OH law say is that if employees work more than 40 hours in a given work week they must be paid overtime. You are free, of course, to decline to work the day, but the employer is also free to fire you or take other disciplinary action for that. See the OH Bureau of Labor & Worker Safety web site for more on what OH law does say.

  • 06-22-2010 5:08 AM In reply to

    Re: Can I be forced to work a holiday?

    Guess s/he didn't like the answers they got on the other forum on which they posted this.  Now there is confirmation.

  • 06-22-2010 2:57 PM In reply to

    Re: Can I be forced to work a holiday?

    No, you can't be "forced" to work on a holiday.

    You can say no.

    Provided you are prepared to accept the consequences of getting fired and not qualifying for unemployment compensation.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 06-23-2010 1:29 PM In reply to

    Re: Can I be forced to work a holiday?

    Absent an enforceable contract or detrimental reliance, the company can revoke future holidays to make them unpaid, or even to require you to work on them.  They likely don't even have to pay you time and a half except pursuant to FLSA - that is, more than 40 hours in a workweek.

  • 06-23-2010 1:35 PM In reply to

    • cbg
      Consumer
    • Top 25 Contributor
    • Joined on 12-21-2000
    • MA
    • Posts 6,778

    Re: Can I be forced to work a holiday?

    Just to confirm, there are only two states where the law ever requires that an employee be paid time and a half for working on a holiday; neither of those states is Ohio; in the states that do, the law only applies to some employees and some holiday.

    In no state and under no circumstances does the law require that overtime be calculated on time paid. In all states and under all circumstances, overtime is due only on time WORKED.

     

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