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Worker's Compensation Time- Overtime eligible?

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  • Worker's Compensation Time- Overtime eligible?

    Does work comp hours count toward hours worked for the purpose of calculating over time?



    For example, an employee regularly gets overtime for any hours worked over 40. Suppose he is injured/exposed to blood during his shift, and goes home early for 6 hours. But then stays 2 hours longer on another worked shift later in the pay period.

    He would have:

    34 regular hours are regular rate of pay

    6 work comp hours are regular rate of pay

    2 extra hours. should this be at regular rate since he has worked less than 84 hours; or at overtime rate?


    Does the answer change depending if the 6 hours was spent at home "recuperating" or if part of it was spent at the doctors office.

    Ive looked through DOL and FLSA information and I cant find a specific reference to this? It is not hours worked.... so I am inclined to believe that the extra 2 hours would be regular pay. Which would make his pay for the week 42 hours all at straight time?

    Thanks!

  • #2
    If we are talking federal law only, the rule is "hours worked past 40 in workweek". Not pay period. Not WC time. Not anything else but hours actually worked in the WORKWEEK. If you do not know what you company's workweek, and many employees do not, ask HR. It does not have to be related to the pay period. Every company I ever worked for used a workweek ending Sunday midnight.

    Some states also have overtime rules, but you chosen to not tell us your state.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      In no state do hours paid but not worked count towards overtime.

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