Is it legal if my employer does not pay for overtime when a vacation, sick or holiday occur in the same week?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal if my employer does not pay for overtime when a vacation, sick or holiday occur in the same week?

For example, New Year’s day was considered paid holiday of 8 hours. I also took a 8 hours of vacation in the same week. Including those 16 hours, I had a total of 42.5 hours for the week. My employer paid 16 hours holiday and 26.5 hours straight time.

Asked on January 4, 2016 under Employment Labor Law, Pennsylvania


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

 In this situation, even though you did not work on the holiday your employer chose to pay you for it, which it has the legal right and discretion to do. However, the determination of whether overtime pay is due is based upon actual hours worked (more than 40 in a workweek) and not upon pay received. Accordingly, since you didn't work more than 40 hours in the week, you are not entitled to any overtime pay.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption