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OT

So I’m just curious. If an employee gets approved OT if they picked up shifts and ends up working 105 hrs in the two week period (they go by 80 in two weeks) that would be 25 OT right? Well let’s say two of those days worked (24 hrs) were holidays. Would that still count towards the hours worked being 56 regular pay, 24 holiday pay, and 25 OT (equaling 105 hrs). Or would it just be 80 regular pay, 24 holiday pay, and 1 hr of OT?

Comments

  • No. If we are talking about labor law (FLSA), then overtime is hours actually WORKED past 40 in the work week. Holiday is legally nothing as far as overtime is concerned.

    Now you can legally treat holiday like hours worked for overtime purposes, but it is not a legal requirement. You can legally treat time slept as hours worked for overtime purposes, but that is also not a legal requirement. Same difference.

  • So if the holiday was actually worked, it still doesn’t have to count toward the total hours for the week?
  • Not legally. Not per the law. Now nothing says you cannot have a union contract or company policy which says otherwise. And I have not read your union contracts or company policies.

    sadierlong
  • If our employees work on a holiday, then those hours are hours that are actually worked and they do count towards the overtime threshold. In addition to that, they also get the Holiday Pay for that day. Only hours that are actually worked count towards overtime. Any sort of leave time/holiday pay does not.

  • Just to be clear - hours actually worked on the holiday count as hours worked for overtime purposes. Holiday pay that is paid regardless of whether the employee works or not is not included in the regular rate of pay and is not credited toward the employers overtime payment obligation. However, where there is extra pay for working on the holiday that qualifies as an overtime premium, the extra pay is not included in the regular rate of pay and can be applied toward the employer's overtime obligation. For example, if the employee is paid eight hours of straight time pay for the holiday regardless of whether any work is performed on the holiday and regardless of the number of hours worked on the holiday, the holiday pay is not included in the regular rate of pay and cannot be applied to meeting any requirement to pay overtime. However, if the employee is paid time and a half, or other amount such as double time, for work performed on the holiday, the additional compensation is not included in the employees regular rate of pay and may be applied to satisfying the employer's obligation for overtime for overtime hours, if any, worked during the workweek.

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