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Issues with overtime pay in a holiday week.

Burbank, CA |

The company I work for (headquartered in Florida but I work in California) does not pay overtime in a week that has a holiday. For instance, Labor Day. Our pay period started Friday, 08/30/13. I worked Fri, off Sat, Sun, Monday (the holiday), Tue, Wed, and Thur. We work 8 hours a day so, shouldn't I receive time and a half on my 6th day worked, Thur?

I should clarify, I worked 6 days in this pay period including the holiday. Therefore, wouldn't my 6th day worked be paid at time and a half?

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Attorney answers 4

Posted

Assuming you received a paid holiday, you are not entitled to overtime because you did not actually work more than 40 hours. Paid holidays do not count as work for overtime purposes, unless you actually performed work that day.

Asker

Posted

Good morning Mr. Kane. Thank you so much for the swift reply. I did work on Labor day. 8 hours. In addtion to the 8 Holiday hours I receive from the company, I also get time and a half for working that day. So I did actually work the holiday. So thursday should be paid at time and a half, correct?

Brad S Kane

Brad S Kane

Posted

If you actually worked 8 hours that holiday day, then you would be entitled to 8 hours of OT that week. You should send a polite email to HR asking they correct the inadvertent mistake.

Posted

I, also, am unclear about how many hours you actually worked. The rule in California is that if you work in excess of 8 hours in a workday or 40 hours in a workweek, you are entitled to overtime premiums for those excess hours. Don't add holiday hours to that number because they are not worked hours. It is simply a benefit some employers choose to provide.

They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.

Posted

Straight from the EDD website: "California law does not require that an employer provide its employees with paid holidays, that it close its business on any holiday, or that employees be given the day off for any particular holiday. If an employer closes its business on holidays and gives its employees time off from work with pay, such a circumstance exists pursuant to a policy or practice adopted by the employer, pursuant to the terms of a collective bargaining agreement, or pursuant to the terms of an employment agreement between the employer and employee, as there is nothing in the law that requires such a practice. Additionally, there is nothing in the law that mandates an employer pay an employee a special premium for work performed on a holiday, Saturday, or Sunday, other than the overtime premium required for work performed in excess of eight hours in a workday or 40 hours in a workweek."

If you did not actually work more than 40 hours in the week, you were not entitled to overtime.

Good luck to you.

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Posted

You should get time and a half for the time in excess of 40 hours or any day over 8 hours.

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