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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