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Does Texas Require Overtime Pay When Working on Holidays?

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People expecting to get paid a lot of money when working on a federal holiday might be disappointed to find out that employees in the private sector don't have to be paid beyond their normal rate of pay on holidays. Under Texas state laws and the Fair Labor Standards Act, holidays are treated like any other work day and no time off or extra pay is required.

Despite these laws, the Houston Chronicle reports that many companies choose to give their employees bonus pay or paid time off on holidays to improve morale and attract employees. Most public sector employees in Texas receive 10 paid holidays each year as ordered by federal law. These holidays include New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day and Christmas Day.

An employee usually has the right to take unpaid time off on religious holidays, such as Christmas or Easter, if there are at least 15 employees working for the employer. As we reported in an earlier blog post, not giving employees time off for religious purposes could be a violation of Title VII of the Civil Rights Act. If an employee is denied leave for a religious holiday, the employer must show that the employee cannot be reasonably accommodated without undue hardship.

Any employee who feels that their employer is violating federal or state labor laws should contact a Houston employment lawyer to learn more information on filing a claim. Employees can also learn more about their rights in the workplace when it comes to wages by contacting the Texas Workforce Commission.

Related Resources:

  • Fair Wages FAQ (FindLaw)
  • Find a Houston Employment Lawyer (FindLaw)
  • Ho, Ho, Hold My Pay? Paid Holidays not Guaranteed by Law (FindLaw's Law and Daily Life Blog)

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