Our business is open 24/7 and we are paid time and a half to work on holidays. If I were to work one of my days off, are they required to pay that extra day as overtime?

Right now, if I worked on the holiday they give you 32 hours regular pay and 8 hours holiday pay. On the 6th day they add that 8 hours to the regular pay bringing it up to 40 hours regular and 8 hours holiday pay. Should it be 32 reg/8 overtime/8 holiday?

Overtime is only due when you WORK over 40 hours in a week (or, in your state, over 8 hours in a day). It is not based on time paid.

Overtime is only due when you WORK over 40 hours in a week (or, in your state, over 8 hours in a day). It is not based on time paid.


The total hours worked for the week would be 48 hours. The company pays time and a half IF you work on that holiday(which I do). What they are doing is paying out 40 regular and 8 holiday, no overtime.

So, you worked 6 days in the workweek?

The law does not require that you be paid a premium for working the holiday. If you worked 48 hours, as long as your paycheck reflects a total dollar amount of 40 straight hours and 8 hours of overtime, no matter how they assign it, your employer is legal.