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  1. #1
    Join Date
    Jul 2012
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    2

    Default Holiday Hours and Overtime

    Ok our work week is considered monday-friday 8-5. We get paid holidays and vacation, one work week the holiday fell on a Wednesday, so instead of taking the Wednesday off we were told we would be working that Wednesday and we would have that Friday off. I worked longer than the normal 8-5 monday-thursday of that week which should have given me a little overtime. I was told I could not get overtime because I had 8 hours of holiday pay. Im not asking for 8 hours of overtime for the holiday Im asking for overtime on the other days, because our work week was actually changed to a 32 hour work week that week instead of the regular 40 due to them taking the holiday that Friday instead of on the actual holiday. My question is am I entitled to that overtime or not?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Holiday Hours and Overtime

    Overtime is calculated on hours WORKED, not on hours PAID. If you only WORKED less than 40 hours in the week, you are not entitled to overtime, even if your were PAID for over 40 hours because of the holiday pay.

    The ONLY exceptions would be if you have a legally binding and enforceable law that says you get OT on hours paid instead of hours worked, or if your unnamed state is one of the very few where overtime is calculated on a daily basis. (We ask for your state for a reason.)

  3. #3
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Holiday Hours and Overtime

    My question is am I entitled to that overtime or not? No. Ditto to what cbg said - overtime is paid based on hours worked, not hours paid.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Holiday Hours and Overtime

    Some employers choose to treat vacation/PTO as if it was hours worked for OT purposes but this is not a legal requirement. The legal requirement is always look at hours actually WORKED. Federal requirements are hours worked past 40 in the work week. A few states have daily overtime requirements in addition to the federal requirements.

    It's also possible to have a binding employment contract that OT be calculated on hours paid.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Holiday Hours and Overtime

    and of course you refused to provide the state in question. In most states you would not be entitled to overtime. In at least one state you would be entitled to overtime if you worked over 8 hours in a day but of course, without the pertinent state, I can't say if that applies to you.

  6. #6
    Join Date
    Jul 2012
    Posts
    2

    Default Re: Holiday Hours and Overtime

    I apologize the state is Louisiana, but it doesnt matter about state laws when it comes to Louisiana because Louisiana doesnt have any state laws they go by federal. "Hours worked" is defined by the FLSA as all time an employee must be on duty or on the employers premises or at any other prescribed place of work or any additional time the employee is suffered or permitted to work. We were only permitted to work 32 hours that week.

    - - - Updated - - -

    I apologize the state is Louisiana, but it doesnt matter about state laws when it comes to Louisiana because Louisiana doesnt have any state laws they go by federal. "Hours worked" is defined by the FLSA as all time an employee must be on duty or on the employers premises or at any other prescribed place of work or any additional time the employee is suffered or permitted to work. We were only permitted to work 32 hours that week.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Holiday Hours and Overtime

    ams045;638567]I apologize the state is Louisiana, but it doesnt matter about state laws when it comes to Louisiana because Louisiana doesnt have any state laws they go by federal. "Hours worked" is defined by the FLSA as all time an employee must be on duty or on the employers premises or at any other prescribed place of work or any additional time the employee is suffered or permitted to work. We were only permitted to work 32 hours that week.
    but without that tidbit of info, I had no way of knowing whose laws applied. Now you can receive an answer with some certainty of it being correct.

    if you didn't work (actual work time) over 40 hours, you don't get any overtime pay. They could pay you 100 hours holiday pay on top of what you worked but if that work time was less than 40 hours, you still wouldn't get overtime.

    It doesn't matter how many hours you were allowed to work or restricted to. You do not get overtime pay until you work more than 40 hours in one week.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Holiday Hours and Overtime

    Since you were not permitted to work more than 32 hours, obviously you did not work more than 40 hours. Since you did not work over 40 hours, you are not entitled to overtime.

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