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Do holiday workers get overtime?

On Behalf of | Oct 28, 2021 | Wage & Hour Litigation

Before the last piece of candy is handed out on Halloween, you can expect the stores to swing heavily into “holiday mode” for the rest of the year. That means a lot of businesses will be looking for seasonal holiday workers.

Traditionally, many people who aren’t part of the regular workforce will pick up a short-term position just to make a little quick holiday cash. Unfortunately, many of them will get cheated out of what they’re due if they’re not careful.

The Fair Labor Standards Act and overtime regulations

The nation is in the midst of a labor shortage, so even temporary workers who have been hired to help out with the holiday rush may find themselves working longer-than-normal hours.

With few exceptions, most holiday workers will be “non-exempt” from the overtime regulations imposed by the Fair Labor Standards Act (FLSA) — which means that they’re entitled to “time and a half” for any time beyond 40 hours they work in a calendar week.

Unfortunately, since many holiday workers are retirees who have been out of the workforce for a while, young teens who are working their first jobs during their holiday school break, and homemakers who haven’t had a lot of work experience, it’s easy for employers and staffing agencies alike to deceive them (or pressure them into working off the clock).

All workers have rights — make sure that yours are protected

Whether you were hired on through a staffing agency or hired on directly through a company that needed holiday help, don’t let your hard work go unrewarded. You deserve every dime that you’ve earned. If you’ve been cheated out of overtime, there are legal approaches that can help you claim what you are due.

Do I have to pay attorney’s fees?

No. Edelson Lechtzin LLP handles wage and hour claims on a contingent fee basis. This means that the lawyers don’t get paid fees unless they obtain a recovery for you.

If you would like to discuss a potential overtime case, please contact us at 844-696-7492 (toll-free) or email us at [email protected]. You can also fill out the form on this page.