Is it legal for my job to pay me vacation time and take my overtime and put it in at regular time?

UPDATED: Sep 30, 2022

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Is it legal for my job to pay me vacation time and take my overtime and put it in at regular time?

I have vacation paid for one day I work 10 1/2 hours overtime and my job only

paid me for 1.45 of overtime. When I asked why they said that they gave me my vacation time and used the rest of my overtime to complete the 40 hours. Is that legal? My vacation is paid vacation so therefore whatever overtime I worked I should have gotten paid for.

Asked on September 3, 2016 under Employment Labor Law, Rhode Island


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Vacation pay, even paid, does not count towards overtime. So say that you had 8 hours, or one day, of paid vacation and otherwise worked 40 hours that week. While you receive base pay for 48 hours--the 40 hours of actual work, and the 8 hours paid vacation--you do not receive any overtime, since 40 hours of actual work does not qualify for overtime and, as stated, the vacation time does not count towards determination of overtime.
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