If a company is bought by another company, does an employee receive the overtime indicated in the on-line handbook?

Or is the company exempt from paying the overtime for any length of time? Example: If an person is required to work 8 hours daily (40 hours per week) and a holiday falls on one work day, does the person receive the overtime pay, indicated in the handbook, when the employee has worked 10 hours overtime (2 per day) on the 4 days worked? Or Is the employee paid 8 hours regular time due to the holiday for the 10 hours worked?

Asked on July 14, 2015 under Employment Labor Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Legally, overtime is only required when an employee works more than 40 hours in a week; there is no legal requirement to pay overtime for working more than 8 hours in a day. Paid holiday hours are NOT considered when calculating overtime. So if an employee works 40 hours in a week and also gets an 8 hour paid holiday day, he or she should be paid 48 hours at regular time. A company is free to voluntarily pay overtime in that situation if it chooses, but is not required to.

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