By Evan Lange
No law requires private employers in Texas to give paid holidays or to pay extra, such as time-and-a-half or double time, for working on Thanksgiving, Christmas or any other holiday. Holiday pay is a benefit set by your employer’s policy or contract. Hours worked on a holiday are ordinary hours, and overtime is owed only when a non-exempt employee works more than 40 hours in the workweek. But if your employer promised holiday pay in a written policy or agreement, it can be recovered as wages under the Texas Payday Law, and an employer must consider a request for time off for a religious holiday under Title VII.
Retail, hospitals, refineries, restaurants and warehouses across Houston run straight through Thanksgiving, Christmas and New Year’s. Many workers assume they’re automatically owed “holiday pay” or “double time.” In most cases, they aren’t, unless their employer promised it. Here’s what the law actually requires.
The U.S. Department of Labor states that the Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as holidays, and does not require extra pay or double time for working on holidays, weekends or nights. Texas has no state law that adds a holiday pay requirement for private employers.
For non-exempt (usually hourly) employees, overtime at time-and-a-half is owed for hours actually worked over 40 in the workweek. Two rules trip people up:
If you worked more than 40 hours during a busy holiday week and didn’t get time-and-a-half, see our guide to overtime in Texas.
Generally, yes. In an at-will state, an employer can schedule you on Thanksgiving or Christmas and discipline you for not showing up. Read more about when your boss can change your schedule and denied vacation requests. Important exceptions:
See religion in the workplace for more on religious accommodations.
Under the Texas Payday Law, holiday pay can be claimed as wages only if a written agreement or written policy provides for it. If your handbook promises double time for Christmas or a paid day off for Thanksgiving and you didn’t get it:
No. Neither federal law nor Texas law requires private employers to give paid holidays or to pay extra for working on a holiday. Holiday pay is a benefit set by the employer’s policy or a contract.
Only if your employer’s policy or contract provides it. Under federal law, holiday hours are ordinary hours, and overtime is owed only for hours worked over 40 in a workweek.
Generally no. Paid time off that is not worked, including holidays, does not count toward the 40 hours needed for overtime unless the employer’s policy says otherwise.
Usually yes, because Texas is an at-will state. However, employers with 15 or more employees must reasonably accommodate religious observance unless it causes undue hardship, and assigning holidays in a discriminatory or retaliatory way can be illegal.
If holiday pay was promised in a written policy or agreement, you can file a wage claim with the Texas Workforce Commission within 180 days of when it was due, or consult an employment lawyer.
The Lange Firm represents employees in Houston and across Texas. Attorney Evan Lange can review your pay records and your employer’s policy, and tell you whether you’re owed wages or were treated unfairly because of your religion or another protected trait. Learn more about workplace discrimination.
Holiday pay is a promise, not a guarantee.
Read the policy before the holidays start.
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