When the holidays roll around, your employer may tell you that you still need to work. The business will not be closed for the holiday, and you are still on the schedule.
As an employee, this can be frustrating. You may know friends or family members who are getting the day off, so it can feel like you are being asked to do extra. Does that mean you will receive extra pay? Will you earn time and a half for working on a holiday?
Only if it exceeds 40 hours
As a general rule, the answer is no. Labor laws in New York do not require overtime pay simply because an employee works on a holiday.
However, if working on the holiday puts you over 40 hours for the week, you are entitled to overtime pay for the extra hours. Say that the business would ordinarily be closed, so you’ve already worked 40 hours during the normal work week, but your boss wants to keep it open, anticipating a higher level of sales on the holiday. If you’re genuinely working an extra day, then you do deserve overtime pay.
The same is generally true for other non-standard hours. For instance, you may be asked to work the night shift or work on the weekend. You do not automatically receive overtime pay unless your total hours exceed 40 in the week.
One possible exception is if you are part of a collective bargaining agreement that authorizes overtime pay on holidays. Most employees are not covered by these agreements, but those who are may have additional provisions that entitle them to overtime compensation.
Your rights as an employee
This helps explain how overtime laws work in New York. It is important to understand your rights as an employee, especially if you find yourself involved in a wage and hour dispute.