I’m not getting paid for hours worked because they’re considered holiday pay?

UPDATED: Sep 30, 2022

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I’m not getting paid for hours worked because they’re considered holiday pay?


So I just got off the phone with my
work which is a major company. I worked
9 hours on labor day this week and am
scheduled to work over my standard 40
hours. They don’t want me to work
overtime so they told me my 8 hours of
holiday pay doesn’t count towards hours
worked this week and I won’t get paid
overtime, just holiday pay. Is that
legal even if the holiday falls under
my 40 hours worked this week AND I
worked over 40 hours? Please help, this
is terribly disconcerting. Thanks,


Asked on September 9, 2016 under Employment Labor Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Holiday pay does not count towards overtime--only hours spent actually working does. But working on a holiday *does count*--it's only getting paid for not working that does not. So, say you work 36 hours Tuesday to Friday and get paid 8 hours Monday for not working, because it's a holiday: you get 44 hours of base or straight pay, not overtime. But if you actually worked, say, 9 hours on Monday (plus 36 hours total the rest of the week), then even though Monday was a holiday, you are owed 40 hours base pay and 5 hours overtime. 
If your employer will not pay your overtime when you are owed it, you could file a wage and hour complaint with the state department of labor; however, since filing a complaint against your employer is a fairly drastic step, it is not clear that doing so for a few hours of overtime is worthwhile.

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