if i have overtime but work a holiday can they take my holiday pay because I got overtime?

check has been short and I have not been receiving my holiday pay and if I use my
PTO hours they take overtime away.

Asked on September 19, 2016 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you have a paid holiday, you must be paid for it, BUT it does not count for overtime--only time spent actually *working" (not holiday hours, sick leave, vacation time, etc.) counts for overtime. So say you worked 8 - 6 (10 hours a day) Tuesday to Friday (for 4 days) one week, but Monday received 8 hours paid holiday time without working. You only *worked* 40 hours, and so get no overtime. You will be paid for 48 hours of work at your base rate: 40 hours of actually working, and 8 hours holiday.


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