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DECEMBER
2004
QUESTION OF THE MONTH
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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