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DECEMBER 2003

Q. If an employee works overtime in a week containing a holiday, is overtime pay due to that employee?

A.The federal Fair Labor Standards Act requires that an employee be paid time and one half pay, as overtime, for all hours worked over 40 hours in a workweek. If the employee was off for the holiday and did not actually work over forty hours in the workweek, overtime pay would not be required.

Many employers do, however, count holidays, vacation and sick days as “time worked” for overtime pay purposes.

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