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overtime and vacation in same week California

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  • overtime and vacation in same week California

    I am an hourly employee in California. For the last pay period, I worked the following hours during a work week:

    Mon: 8
    Tues: 11
    Wed: vacation hours taken
    Thurs: 8
    Friday: 8
    Sat: 4
    Sun: 0

    For Tues, I'm correctly paid 8 hours (1x pay) plus 3 hours (1.5x pay). For Sat, I'm paid 4 hours (1x pay) which I think is correct because vacation hours don't count towards hours worked for purposes of overtime calculation. However my employer wants me to take only 1 vacation hour for Wednesday, saying I only need that 1 hour to meet my 40 hour weekly requirement. Are they allowed to do this?

  • #2
    Although California is a unique animal when it comes to vacation, I haven't found any law yet that would prohibit such a policy.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Agreed. Overtime under both federal law and CA law is based solely on hours actually worked. Vacation/sick/holiday is literally nothing for purposes of overtime calculation. Firms can and occasionally do have policies more generous the employee, but this is not a governmental imposed requirement.

      http://www.dol.gov/whd/regs/compliance/whdfs23.pdf

      http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        I know of a lot of companies who limit paid hours to 40 and if that means limiting paid time off taken to the number of hours needed to get to 40 and no more, that would belegal. In any other state, you wouldn't even have overtime pay for Tuesday.

        It will all come out in the wash as my g-pa used to say. You still have 7 more hours in your PTO bank than you had planned, and in California, you can't lose vacation you've already earned.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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