Is it legal for my job to pay me vacation time and take my overtime and put it in at regular time?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal for my job to pay me vacation time and take my overtime and put it in at regular time?
I have vacation paid for one day I work 10 1/2 hours overtime and my job only
paid me for 1.45 of overtime. When I asked why they said that they gave me my vacation time and used the rest of my overtime to complete the 40 hours. Is that legal? My vacation is paid vacation so therefore whatever overtime I worked I should have gotten paid for.
Asked on September 3, 2016 under Employment Labor Law, Rhode Island
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Vacation pay, even paid, does not count towards overtime. So say that you had 8 hours, or one day, of paid vacation and otherwise worked 40 hours that week. While you receive base pay for 48 hours--the 40 hours of actual work, and the 8 hours paid vacation--you do not receive any overtime, since 40 hours of actual work does not qualify for overtime and, as stated, the vacation time does not count towards determination of overtime.
If the above does not answer your question, please repost with additional detail.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.