Do I Need to Pay My Non-exempt (hourly) Employees Over Time if Monday-Wednesday They Work 30 hours and Then Receive 16 hours (2 days) of Holiday Pay for Thursday-Friday?
By Kevin M. Mosher • Nov 27, 2013
No. Employees are only entitled to overtime compensation for all hours worked over forty (40) in the workweek – or their hours worked over forty-eight (48) in the workweek, depending on the size of their company.
In the above scenario the employee only worked 30 hours, so she is only entitled to compensation for that amount of time. In addition, the employer has seemingly agreed to pay her holiday pay equal to 2 days. Holiday pay is not required by law, but if the employer has offer it, the employee then becomes entitled to it under contract principles. So in this situation the employer would only need to pay the employee for 46 hours (30 worked + 16 holiday pay), but all of it at straight time.
Thompson Coe and myHRgenius Tip of the Week is not intended as a solicitation, does not constitute legal advice, and does not establish an attorney-client relationship.