My husband works for a well known fast food warehouse. I am wondering about his OT pay and sick pay. He is paid every other Wednesday. He always works OT and has sick pay hours available to him. My question is since he always has OT on his pay period if he is out ill can they take his OT away and trade it for sick time. Whats happening now is if he has any OT on his pay period and calls out sick he loses his OT and they just pay strait time. I understand that anything under 40 hours would justify this but he ALWAYS has more than 40 hours in 1 week. So don't they have to pay him OT and sick time? Does getting paid every 2 wks make a difference? I hope I explained my self clearly!!:confused:

I'm not entirely sure what you're asking, but if the question is whether or not sick pay has to be included in calculating overtime, it does not. ONLY hours worked go towards overtime.

If that was not the question, could you please clarify :)

Thank you for your response.Let me try to explain better. Ok since he works 2 wks before getting paid, say on week 1 he works 48 hours and on week 2 he calls in sick and only actually works 32 hours. Do they have to pay him for his 8 hrs OT on week 1 or what happens to that? How I understand it is that they would take the 8 hrs OT from week 1 to compensate for the sick day on week 2 instead of paying him sick time. Hope this clarifies it!

yes, that helps, and yes, they would still have to pay him the overtime.

Also, consider his overtime if he works over 8 hours in a day OR over 40 in a week. If he is non-exempt he may be entitled to overtime. A new ruling in California also indicates that meals and breaks will be treated as wages. So if an employee has not received meals and breaks they can go back and calculate such as a wage (one hour per day) for up to 4 years in California.


My husband works for a well known fast food warehouse. I am wondering about his OT pay and sick pay. He is paid every other Wednesday. He always works OT and has sick pay hours available to him. My question is since he always has OT on his pay period if he is out ill can they take his OT away and trade it for sick time. Whats happening now is if he has any OT on his pay period and calls out sick he loses his OT and they just pay strait time. I understand that anything under 40 hours would justify this but he ALWAYS has more than 40 hours in 1 week. So don't they have to pay him OT and sick time? Does getting paid every 2 wks make a difference? I hope I explained my self clearly!!:confused: