What do I do if my employer does not pay overtime or holiday pay and doesn’t offer benefits?
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What do I do if my employer does not pay overtime or holiday pay and doesn’t offer benefits?
Asked on December 4, 2012 under Employment Labor Law, Oklahoma
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
First of all, all non-exempt employees are to receive overtime pay for any hours they work over 40 in a week. It is illegal not to do so. If your employer is breaking the law, then you can file a complaint with your state's department of labor. You can also consult with an employment law attorney.
However, as to holiday pay, health insurance, etc, these are discretionary items, so your employer can choose to pay them or not. While most employees think that they have a right to such benefits, the simple fact is that they don't. Payment of such things is not legally mandated. So unless company policy or a union/employment agreement provides for these enenfits, you are not entitled to them. Also, you can't be denied holiday pay or benefits due to some form of actionable discrimination.
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