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What if a paid vacation day puts an employee over 40 hours for the week? Pennsylvania

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  • What if a paid vacation day puts an employee over 40 hours for the week? Pennsylvania

    One of my employees recently missed a day of work and asked to take a paid day for this. He worked around 34 hours total on the other 4 weekdays. Since a full 8 hours of vacation pay would have put him over 40 hours and this would necessitate 2 hours of overtime pay, we gave him only 6 of his 8 vacation hours and retained the balance for another week. He and his wife didn't agree with this.
    Was I within my rights to do this?

  • #2
    Overtime only has to be paid on hours actually worked over 40 in
    the workweek. In no state is overtime calculated on hours paid, only on hours actually worked. (unless a legally binding employment contract or CBA says different)

    http://www.dol.gov/whd/regs/compliance/fairpay/main.htm
    Last edited by Betty3; 08-18-2010, 08:32 PM. Reason: add link
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      And yes, the employer is legally allowed to charge fewer hours of vacation/sick/PTO than were actually used so that the employee is not paid for more than 40 hours in the workweek.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Thank you for the responses!

        Comment


        • #5
          Agree with Patty though in your case you could have paid the time over 40 hrs. at
          the regular rate of pay (no overtme).* That seemed to be your concern.
          *minus a binding employment contract to the contrary
          Last edited by Betty3; 08-19-2010, 08:14 AM.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            [QUOTE=Betty3;1144563That seemed to be your concern.
            *minus a binding employment contract to the contrary[/QUOTE]

            Or company 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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            • #7
              He should be happy, he took a full day off (8 hours) and was only charged 6 hours of vacation.

              He has two more to take, paid. Pretty good deal in my opininion.

              Vacation hours do not factor into the overtime calculation in PA. OT is only on hours worked over 40.

              Some companies do include vacation and holiday in the OT calculation, but there is nothing that requires the employer to do so.

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              • #8
                Originally posted by PrJeff View Post
                Some companies do include vacation and holiday in the OT calculation, but there is nothing that requires the employer to do so.
                Unless there is a binding employment contract or CBA requiring them to do so.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  Vacation hours do not factor into the overtime calculation in PA.

                  Or any other state, either.
                  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

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