What is the law regarding vacation/holidays and overtime pay?

UPDATED: Oct 2, 2022

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What is the law regarding vacation/holidays and overtime pay?

Our company said it won’t pay the overtime rate of an hour and a half if the work week has a paid holiday or you have a paid vacation. This means that you have to work 48 hours if you have a vacation or holiday in that work week. They say that you have to be physically working and in the building to qualify for overtime. For example, if there is a holiday on that work week and you worked 34 hours plus the 8 hour holiday pay it adds to 42 hours but they will pay you the 2 hours as regular pay not time and a half

Asked on August 2, 2019 under Employment Labor Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your company is correct: only actual work time, not paid non-work time, such as vacation time, sick days, or paid holidays, does not count for calculating overtime. You have to *work* more than 40 hours in a week to get overtime.

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