Overtime Pay During Federal Holidays in California: What Employees Should Know

Federal holidays often mean extra hours for employees in retail, hospitality, healthcare, and other industries. If you work in California, you may wonder whether you are entitled to overtime pay for working on these holidays. Understanding your rights under state and federal law can help you ensure fair treatment and proper compensation. At Wilshire Law Firm, we help workers understand wage and hour laws and protect their rights when employers fail to comply.

Does California Require Holiday Pay?

California law does not require employers to pay extra simply because you work on a federal holiday. Holiday pay is generally a matter of company policy or employment contracts. However, overtime rules still apply, and you may be entitled to additional pay if you work beyond standard hours.

When Does Overtime Apply?

Under California labor law:

Daily Overtime: You earn overtime pay for hours worked beyond 8 in a single day.
Weekly Overtime: You earn overtime pay for hours worked beyond 40 in a workweek.
Double Time: Applies after 12 hours in a day or after 8 hours on the seventh consecutive day of work.

These rules apply regardless of whether the day is a holiday.

Common Misconceptions About Holiday Pay

Many employees believe they automatically receive extra pay for working on federal holidays. In reality:

Employers are not legally required to pay “holiday premiums” unless stated in your contract or company policy.
Overtime is based on hours worked, not the holiday itself.
If you work a normal shift on a holiday without exceeding overtime thresholds, you may only receive your regular rate.

Industries Most Affected by Holiday Work

Employees in certain sectors often work during federal holidays:

Retail and e-commerce
Hospitality and food service
Healthcare and emergency services
Transportation and logistics

These industries frequently require extended hours during holiday periods, making overtime compliance critical.

What If Your Employer Fails to Pay Overtime?

Failure to pay overtime is a violation of California labor law. Common wage and hour violations include:

Misclassifying employees as exempt from overtime
Denying meal and rest breaks
Failing to provide accurate wage statements
Late or incomplete paychecks

If you suspect your employer is violating wage laws, you may have legal options to recover unpaid wages and penalties.

How to Protect Your Rights

To safeguard your rights:

Track your hours: Keep detailed records of your work schedule.
Review your pay stubs: Ensure overtime is calculated correctly.
Know your company policy: Understand whether holiday premiums apply.
Seek legal advice: If you believe your employer is violating the law, consult an attorney.

Can You File a Claim for Unpaid Overtime?

Yes. Employees can file a wage claim with the California Labor Commissioner or pursue legal action. An experienced attorney can help you:

Calculate unpaid wages
Gather evidence of violations
Represent you in negotiations or court

At Wilshire Law Firm, we offer free consultations and work on a contingency fee basis, which means no fees unless you get paid. Costs and expenses may be your responsibility.

Why Choose Wilshire Law Firm?

Award-winning legal team with extensive experience in employment law
Proven track record of advocating for workers’ rights
Confidential, compassionate guidance for California employees

We understand the challenges employees face when employers fail to follow wage and hour laws. Our goal is to help you protect your rights and seek justice.