UPDATED: Oct 2, 2022
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I was asked to work on the 4th of July and a print out was given to me stating
that if I worked that day I would get paid time and one half. They have not paid
me for it yet and today was told that it is not in their policy to pay me time
and a half for that day. I need to know if that is legal?
Asked on August 1, 2019 under Employment Labor Law, South Carolina
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
Unfortunately, since there is no actual right to have July 4th off--the law does not require holidays--the employer could require you to come to work. Since you could be required to work, the employer did not have to pay you more to get you to do so; therefore, their offer or promise to pay you time-and-half is not enforceable, since you could be required to work at your regular rate. It's like a friend promising to buy dinner for you, then reneging on the promise; you couldn't sue the friend, because you had no right to the paid dinner. Similarly, with no right to time-and-a-half on the 4th, you have no recourse against your employer.
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