If 41.5 hours total for a pay period include 8 hour of paid vacation, are the 1.5 hours still considered overtime and should they be paid as such?

In other words, I took a vacation day (8 hrs.) last Monday, then actually worked 33.5 hours over the remaining 4 days of the workweek, and was paid for 41.5 of straight time. Is this how it works in MS?

Thanks in advance!

B

No, that is not required by law. The law requires that only actual hours worked need be considered. If the employer chooses to include paid time off as "hours worked" for purposes of determining overtime, they may, but they are not required to.

Thanks. I guess working in California for the past 8 years spoiled me.

California doesn't require it either; no state does. It was your employer that was being generous out of the goodness of their hearts. ;)