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A recent article from Business Management Daily provided some great tips for employers and employees when it comes to the tricky holiday pay situations that often arise around Thanksgiving, Christmas, and New Year’s.
First and foremost, it is imperative that all new hires – both seasonal and permanent – fill out a W-4 and an I-9, and be reported to the State as a new hire. This also means that their hours must be recorded, and proper records must be kept.
Since the Fair Labor Standards Act does not require employers to pay their employees on days that the business is closed (such as Thanksgiving Day, Christmas Eve or Day, and New Year’s), employers do not have to calculate that day’s pay into their regular rate calculation when calculating overtime, since the paid time off is actually “idle” pay and no work is being done.
One of the easiest ways to ensure that FLSA violations are not being made this holiday season is to establish employment classification right away. Being misclassified as an independent contractor or mistakenly being named exempt under the FLSA can easily result in missed overtime pay and unfair wages. Having an open discussion with your boss or employee is a great way to avoid this.
If you feel that you are a misclassified employee under the FLSA, contact the lawyers at Kennedy Hodges immediately at 888.449.2068 for your free copy of The Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim, or fill out our online form to schedule your complimentary case evaluation.
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