Hi,

Do I need to pay overtime to a non-exempt employee who worked Sat & Sun of the Thanksgiving holiday. They were payed for the two holidays, but did not work on them. In otherwords, they get paid for 40 hours for working M-W and had Th & Fr paid as holidays. She then came in on Sat. & Sun. and is claiming overtime.

I know I have to pay time and a half for over 40 hours in a week and for the seventh consecutive day, but what if they didn't actually work the 40 hours or the seven days.

I assume those holidays aren't considered part of the 40 hours or 7 days. Is this true?

Thanks

Overtime is only due on hour actually WORKED. If the employee worked only 40 hours then no weekly OT is due. Holiday, Vacation and other nonworked but paid hours are not used for the calculation of overtime.

Both federal and California law looks at actual hours worked only. Paid time off (in the very broad sense of the word) has no legal effect on overtime calculation.

http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

8. Q. Last week I worked Monday, Tuesday, Wednesday, Thursday and Saturday, eight hours each day. I was out ill all day Friday. For the workweek I was paid 48 hours at my regular hourly rate. Am I entitled to eight hours of overtime pay?

A. No, you are not entitled to any overtime pay. Overtime is calculated based on hours actually worked, and you worked only 40 hours during the workweek. Another example of where you get paid your regular wages but the time is not counted towards overtime is if you get paid for a holiday but do not work that day. In such a case, the time upon which the holiday pay is based does not count as hours worked for purposes of determining overtime because no work was performed.

That's what I thought. Thanks a lot for your help.