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  • Overtime calculation when there is a holiday. Iowa

    Please help with the following scenario.

    State= Iowa

    Hours work.

    Sun 10 hrs
    monday 8 hrs (worked on labor day)
    tuesday 8 hrs
    wed 8 hrs
    thus 8 hrs
    frid 8 hrs
    sat 6 hrs

    total hrs worked 56 hrs.

    my employer takes the 8 hrs i worked on monday out and paid me double time (8 hrs holiday + the 8 hrs that I worked).
    they would then combined all the hrs together = 48 hrs (excluding monday)
    now they pay me with following:
    8 hrs double time
    40 hrs regular
    8 hrs at 1.5

    I am arguing that it should be.
    8 hrs double time
    32 hrs regular
    16 hrs at 1.5

    what is the iowa labor law concerning this situation?
    Please help for I feel that I am being duped.

  • #2
    Iowa does not have overtime law - it follows the federal overtime law as is. Federal overtime law is that hours worked past 40 in the work week is paid at time-and-a-half. The only state with a double time law is California. Neither Iowa or federal law have any direct interest in double time or holiday pay.

    Your example implies that the workweek ends on a Saturday. Assuming that this is true, under federal law you worked 56 hours, 40 of which would be paid at your normal rate of pay, and 16 of which must be paid at time-and-a-half (or higher). Federal law does not care about holiday pay at all. Iowa law (which I do not know) probably does not mandate holiday pay and certainly does not mandate double time, but might have rules requiring that the employer follow their policies.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      I went thru this with several employees this past pay period (for Labor Day).
      I'm in SC, so sate laws may be different.

      However, i called the feds on this, and was told verbatim that the Fed law on labor and overtime does NOT calculate holiday pay when calculating overtime.

      The overtime regulations consider pay ONLY WHEN related to hours worked (ie, hours on the job).. They consider holiday pay to be a benefit, not earned work hours.

      Comment


      • #4
        There is no state where state law requires an employer to include holiday pay in overtime calculations.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          actually worked on labor day

          Thanks for all the input. I just want to point out that I did actually worked for 8 hrs on labor day. so for the week in question ( mon-fri), I was physically there at work for 40 hrs. plus 10 hrs on sunday and another 6 on sat. my work week is from sun to sat.

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          • #6
            You are required to be paid for all the time you actually worked, and overtime for any time over 40. However, the fact that one day was a holiday does not factor into the calculation at all. You are not entitled by law to any kind of premium for working on a holiday. As far as both Federal and state* law is concerned, if you work for a private employer holidays are exactly the same as any other day when it comes to pay/overtime pay.


            *limited exceptions in three New England states
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              Originally posted by nammc View Post
              Thanks for all the input. I just want to point out that I did actually worked for 8 hrs on labor day. so for the week in question ( mon-fri), I was physically there at work for 40 hrs. plus 10 hrs on sunday and another 6 on sat. my work week is from sun to sat.
              Just to be clear, it isn't YOUR work week that determines overtime. It's the company-defined workweek that does.
              http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.105.htm
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                Originally posted by nammc View Post
                Please help with the following scenario.

                State= Iowa

                Hours work.

                Sun 10 hrs
                monday 8 hrs (worked on labor day)
                tuesday 8 hrs
                wed 8 hrs
                thus 8 hrs
                frid 8 hrs
                sat 6 hrs

                total hrs worked 56 hrs.

                my employer takes the 8 hrs i worked on monday out and paid me double time (8 hrs holiday + the 8 hrs that I worked).
                they would then combined all the hrs together = 48 hrs (excluding monday)
                now they pay me with following:
                8 hrs double time
                40 hrs regular
                8 hrs at 1.5

                I am arguing that it should be.
                8 hrs double time
                32 hrs regular
                16 hrs at 1.5

                what is the iowa labor law concerning this situation?
                Please help for I feel that I am being duped.
                I assume that your company work week coincides with the work week you describe. You worked 56 hours. You were paid for 40+(8x2)+(8*1.5) = 68 hours straight time equivalent. Federal and state law would be violated if you were paid for less than 64 hours straight time equivalent (40 straight plus 16 hours at time and a half).

                You won't get any help from the governments for enforcement of wages due. If you have a case, it would be under contract law and employer handbooks and the policies in them don't often form contracts.

                FWIW, if you worked for me, you would have been paid 32 straight, eight holiday (@ time and a half for working on the holiday) and 16 OT, for the equivalent of 68 hours straight. Just the same as you got paid.
                Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                Comment


                • #9
                  Originally posted by ScottB View Post
                  I assume that your company work week coincides with the work week you describe. You worked 56 hours. You were paid for 40+(8x2)+(8*1.5) = 68 hours straight time equivalent. Federal and state law would be violated if you were paid for less than 64 hours straight time equivalent (40 straight plus 16 hours at time and a half).

                  You won't get any help from the governments for enforcement of wages due. If you have a case, it would be under contract law and employer handbooks and the policies in them don't often form contracts.

                  FWIW, if you worked for me, you would have been paid 32 straight, eight holiday (@ time and a half for working on the holiday) and 16 OT, for the equivalent of 68 hours straight. Just the same as you got paid.
                  I was just wondering why someone would work for time and a half on a holiday ? You already git straight time for the holiday with out working ( If your holiday is paid ) why would you work for half time?Just a ?

                  Comment


                  • #10
                    My point exactly, but due to the nature of my job, it is mandatory.

                    Comment

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