I worked 42 hours during the week of Memorial Day. The employer did pay holiday pay for Memorial but put it seperate on the check stub. In other words, with the holiday pay, I worked 42 hours that week. I was not paid overtime for the additional 2 hours. If they can do this by law, then what if I would have worked 50 hours that week, could they still not have to pay me overtime? Is this against the law? Thank You for any help you can give.

Yes, it was legal. Federal law (to which Georgia defers) requires overtime pay for nonexempt employees only if you work more than 40 hours in a workweek. Pay for time worked need not be considered under the law.

For the record, no state requires that time paid but not worked be including in calculating when overtime is due.

For the record, no state requires that time paid but not worked be including in calculating when overtime is due.

Just one more quick question. July 4th is coming up. Say I work 42 hours that week, and get a total of 8 hours paid holiday for the 4th. That brings my total worked hours to 42 and 8 paid holiday hours. I think I know the answer already but wanted you to verify that I would be due for only 2 hours overtime, right? Thank You!

That is correct. OT is due ONLY on hours WORKED over 40 in a week. There are no circumstances whatsoever under which the law requires an employer to count hours paid but not work towards overtime calculation.

That is correct. OT is due ONLY on hours WORKED over 40 in a week. There are no circumstances whatsoever under which the law requires an employer to count hours paid but not work towards overtime calculation.

Thank You for the quick answer! This forum is great about helping people. For that, I am grateful!