Is my employer required to pay me overtime pay for hours worked during in a holiday week?

UPDATED: Sep 30, 2022

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Is my employer required to pay me overtime pay for hours worked during in a holiday week?

My normal work schedule is Sunday-Thursday. This past Labor Say fell on the Monday during my regular work week. I worked Labor Day because it fell on my normal work week and my employer doesn’t give paid time off. They do, however, pay holiday pay. Does that holiday count towards hours worked to be considered eligible for overtime? During that same week I worked that Friday putting me at 48 hours for our work week. My employer is telling me that because I received holiday pay that week I will not be receiving overtime pay, just pay at my normal rate for the additional 8 hours I worked.

Asked on October 5, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Pay for actually doing work, even if done on a holiday, counts towards overtime, of course. But holiday pay given you without working (i.e. hours you were paid without actually working) does not count towards overtime. Under the law, only time spent working applies towards overtime.

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