Next week we celebrate Labor Day; the first Monday in September (although my Labor Day celebration starts a little later today). Labor Day is and has been one of my favorite holidays. As a child, we didn’t start school until after Labor Day and it marked the end of summer vacation. Now, my children start school much earlier; but they still get an extra day off. In most years when a trial or other proceeding hasn’t been unfortunately scheduled the week after the Labor Day, I also get to spend an extra day with the family.
But Labor Day wasn’t started so school children (and their lawyer fathers) could get an extra day off. Labor Day was originally celebrated to honor workers and as a force for changes in the workplace. In particular to encourage reforms in employee safety, working conditions and pay. On Monday, celebrate America’s workers and the sacrifice they make (albeit not unrewarded) for their employers and their families.
Have a safe and happy Labor Day holiday weekend.
Now for a little Texas Labor Day employment law (or as evidenced below, the lack of Texas employment law).
Texas Holiday or Premium Pay for Labor Day
Unlike some states, there is no requirement that employees be paid premium pay or overtime merely because they work on an official holiday like Labor Day. Of course, if the employee is non-exempt and the work on Labor Day pushes him over the 40 hour per week threshold, the FLSA would require overtime be paid for those hours worked over 40 per week.
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More Labor Day resources:
U.S. Department of Labor’s 2011 page.