holiday pay/ot

sanua · June 2004

Please help!! Recently we had an employee who worked on the holiday. Our policy is to pay time and a half for working the holiday plus 8 hours of holiday pay if they cannot take the day off later in the week. This employee could not take the day off later. She then worked an additional shift (12 hours). So she actually worked 48 hours that week of which 12 were on the holiday. Would you suggest that we pay additional OT on the 8 hours worked plus her 12 hours at time and a half?? Or are we OK (since we paid time and a half for the 12 hours of holiday pay) in not paying the additional OT??
Please let me know your input -- the employee feels she should be paid the OT and we have not run into this before.

bsa · June 2004

What does your policy on overtime say? What has been your practice in the past? That's where you will find your answer.

We pay overtime for hours worked only. Holiday, vacation and sick are not worked and do not get calculated toward overtime.

FLSA does not require that an employer include paid time off in an overtime calculation.

sanua · July 2004

Thanks for your reply. Our OT policy is identical to yours -- we only pay OT for hours worked over 40. However, in this case, she was paid at time and a half for the 12 hours worked on the holiday. So even though she actually worked 48 hours she was already paid for 12 of those at time and a half. We're trying to decide whether or not to pay an additional OT on the 8 hours. Her actual breakdown of hours were 12 hours at time and a half holiday pay; 8 hours holiday pay; and 36 hours worked at regular pay for a total of 56 hours.

lnelson · July 2004

Looks like you covered all hours worked, OT and holiday. Should be no problem.

Shadowfax · July 2004

You're good with the regs...and I'd say you have complied with your policy as well.

holiday pay/ot

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